Latest Records
Newest first across public DOJ and U.S. Attorney press releases.
20 July 2023
New Braunfels Man Sentenced to 15 Years in Prison for Distributing Child PornographyRead the Press Release
SAN ANTONIO – A New Braunfels man was sentenced in federal court in San Antonio today to 15 years in prison for distribution of child pornography.
According to court documents, Guy Mason Roden, 30, distributed hundreds of files containing child sexual abuse material (CSAM) between Nov. 27, 2020 and the end of March 2021, using a peer-to-peer file sharing network known as uTorrent. The investigation into Roden’s activity began when a Texas Department of Public Safety (DPS) Criminal Investigations Division (CID) special agent in San Angelo was investigating host computers in Texas that were actively sharing CSAM via uTorrent and identified the IP address associated to Roden’s computer. Months later, a DPS CID special agent in San Antonio identified the same IP address as actively distributing CSAM via the file sharing network. DPS and Homeland Security Investigations (HSI) agents executed a federal search warrant at Roden’s New Braunfels home on April 16, 2021, seizing Roden’s computer. Roden was arrested on Feb 22, 2022. He’s remained in custody since.
In addition to the prison sentence, Roden was ordered to pay $20,000 in restitution to four victims.
“Crimes involving child pornography impact victims long after the abuse was first committed,” said U.S. Attorney Jaime Esparza for the Western District of Texas. “Protecting children will always be a priority in my office and I commend our law enforcement partners at the federal and state levels for their continued work in investigating these cases.”
DPS investigated the case with assistance from HSI.
Assistant U.S. Attorney William Calve prosecuted the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse launched in May 2006 by the Department of Justice. Led by U.S. Attorneys’ Offices and CEOS, Project Safe Childhood marshals federal, state and local resources to better locate, apprehend and prosecute individuals who exploit children via the Internet, as well as to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
###
Needham Police Officer Convicted of Insider Trading ConspiracyRead the Press Release
BOSTON – A Needham police officer was convicted today by a federal jury in Boston of conspiring to trade on inside information about a Massachusetts company’s planned acquisition of a California semiconductor company.
David Forte, 60, of Acton, was convicted of one count of conspiracy to commit securities fraud and one count of securities fraud. U.S. District Court Judge Allison D. Burroughs scheduled sentencing for Oct. 24, 2023. Forte was charged in January 2020 along with two alleged co-conspirators. In June 2022, one of those co-conspirators, John Younis, was sentenced by U.S. Senior District Court Judge Rya W. Zobel to one month of home detention and two years of probation after pleading guilty to his role in the conspiracy. The second alleged co-conspirator has pleaded not guilty and is pending trial.
Beginning in or around June 2016, Forte, a Needham Police Department officer, obtained material non-public information from his brother, who was a senior executive at Analog Devices, Inc. (Analog), a Wilmington, Mass.-based semiconductor company, about Analog’s planned acquisition of Linear Technology Corp. (Linear), a semiconductor company based in Milpitas, Calif. Forte passed the information to Younis and, allegedly, the second-co-conspirator, who purchased Linear securities in the week leading up to the public announcement of the acquisition on July 26, 2016. After the deal was announced, Younis and, allegedly, the second co-conspirator sold their Linear securities for a profit. Younis and, allegedly, the other co-conspirator paid Forte cash kickbacks in exchange for Forte’s stock tip.
“Today, a federal jury found that Mr. Forte cheated the securities markets. He engaged in a conspiracy to trade on inside information. He illegally had tomorrow’s news today. Mr. Forte thought he could use his connections to make a quick buck by tilting the scale for his close friends’ financial benefit,” said Acting United States Attorney Joshua S. Levy. “Insider trading is cheating, plain and simple. It hurts honest investors and damages the public’s confidence that our markets are open and fair. This office and our law enforcement partners will maintain the integrity of our financial markets and prosecute those who seek to corrupt them for their personal gain.”
“David Forte thought he was above the law when he conspired with childhood friends to trade on material, non-public information. Today’s conviction sends an unambiguous message that the temporary gains of insider trading will lead to life-long consequences, including being a felon,” said Christopher DiMenna, Acting Special Agent in Charge of the Federal Bureau of Investigation, Boston Division. “Insider trading undermines faith in our financial markets and harms the everyday investors who play by the rules. The FBI takes this crime seriously. If you choose to conduct this type of illegal behavior, know that we will ensure you are held accountable.”
The charge of conspiracy to commit securities fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of $250,000 or twice the gross gain or loss, whichever is greater. The charge of securities fraud provides for a sentence of up to 20 years in prison, three years of supervised release and a fine of up to $5 million. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and other statutory factors.
Acting U.S. Attorney Levy and FBI Acting SAC DiMenna made the announcement today. The Securities & Exchange Commission provided valuable assistance. Assistant U.S. Attorneys David M. Holcomb and Leslie A. Wright of the Securities, Financial & Cyber Fraud Unit are prosecuting the case.
The details contained in the charging document are allegations. The remaining defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Navajo Man Pleads Guilty to Abusive Sexual ContactRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Leonard Yazzie, 41, of Pine Hill, New Mexico, and an enrolled member of the Navajo Nation, pled guilty in federal court today to abusive sexual contact. Yazzie will remain in custody pending sentencing, which has not been scheduled.
A federal grand jury indicted Yazzie on March 23, 2022. According to court documents, on March 28, 2016, and March 27, 2017, Yazzie engaged in a sexual act with a victim, a child who had not attained the age of 12 years.
At sentencing, Yazzie faces 6 and a half years in prison.
The Gallup Resident Agency of the FBI Albuquerque Field Office investigated this case with assistance from the Ramah Navajo Police Department. Special Assistant United States Attorney Caitlin L. Dillon is prosecuting the case.
# # #
23-157
Mount Dora Convicted Felon Sentenced to Seven Years for Illegally Possessing A FirearmRead the Press Release
Ocala, Florida – Senior United States District Judge John Antoon II has sentenced Woodrow Milton Butler (40, Mount Dora) to seven years in federal prison for possessing a firearm as a convicted felon. The court also ordered the forfeiture of the firearm and ammunition used in the offense. Butler had pleaded guilty on February 1, 2023.
According to court records, Butler has nine prior state felony convictions, including armed burglary of a dwelling, sale of cocaine, and fleeing and eluding law enforcement. On March 21, 2019, officers from the Eustis Police Department responded to a call about a suspicious person and discovered Butler with a stolen handgun in his pants pocket. The firearm was loaded with 17 rounds of ammunition. As a convicted felon, Butler is prohibited from possessing firearms and ammunition under federal law.
This case was investigated by the City of Eustis Police Department and the Bureau of Alcohol, Tobacco, Firearms and Explosives. It was prosecuted by Assistant United States Attorney Hannah Nowalk and Tyrie Boyer.
The case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Mooresville, N.C. Man Is Facing Federal Charges for Investment Scheme and COVID-19 FraudRead the Press Release
CHARLOTTE, N.C. – Steven Andiloro, 51, of Mooresville, N.C., is facing federal charges in connection with an alleged investment fraud scheme and for fraudulently obtaining more than $2.6 million in COVID-19 relief funds, announced Dena J. King, U.S. Attorney for the Western District of North Carolina.
Jason Byrnes, Special Agent in Charge of the United States Secret Service, Charlotte Field Office, Robert M. DeWitt, Special Agent in Charge of the Federal Bureau of Investigation in North Carolina, and Hannibal “Mike” Ware, Inspector General of the Small Business Administration, Office of Inspector General (SBA-OIG), join U.S. Attorney King in making today’s announcement.
According to allegations in the indictment, from 2018 to 2021, Andiloro operated an investment fraud scheme in which he induced victims to invest their money in businesses that were both real and fictitious. To induce victim investors to invest their money, Andiloro allegedly made false and fraudulent representations about where and how the victims’ money would be invested. For example, the indictment alleges that Andiloro promised some of his victim investors their money would be invested in a non-existent marijuana dispensary business in exchange for a ten percent ownership stake. Instead of investing his victims’ money as promised, Andiloro used the funds to pay for personal expenses and to make Ponzi-style payments to other investors.
The indictment alleges that from April 2020 to March 2021, Andiloro fraudulently obtained funds from the Paycheck Protection Program (PPP) by submitting fraudulent applications for COVID-19 relief loans intended for businesses that suffered economic hardship due to the coronavirus pandemic. The indictment alleges that the fraudulent applications Andiloro submitted to obtain the PPP funds contained false financial information about his businesses, including fake employment data and inflated revenues, costs, and payroll expenses. As a result of the scheme, the indictment alleges that Andiloro received more than $2.6 million in fraudulently obtained relief funds, which he used to fund his personal lifestyle and to make payments in furtherance of the investment fraud scheme.
The indictment charges Andiloro with securities fraud and wire fraud, which carry a maximum prison sentence of 20 years and a $250,000 fine for each offense, and money laundering, which carries a maximum penalty of 10 years in prison.
The charges in the indictment are allegations and the defendant is presumed innocent unless and until proven guilty beyond reasonable doubt in a court of law.
In making today’s announcement, U.S. Attorney King thanked the U.S. Secret Service, the FBI, and the SBA-OIG for the investigation which led to the charges.
Assistant U.S. Attorney Graham Billings with the U.S. Attorney’s Office in Charlotte is prosecuting the case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with U.S. Attorneys’ Offices and agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866‑720‑5721 or via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Missouri and Texas Physicians and Medical Practices Agree to Pay over $525,000 to Settle Kickback Allegations Involving Laboratory TestingRead the Press Release
Imran Chishti, M.D. and his medical practice, C Care LLC, both of Chesterfield, Missouri; Shamim Justin Badiyan, M.D., of Frisco, Texas, and Psych Care Consultants LLC, of St. Louis, Missouri, have agreed to pay a total of $525,610 to resolve False Claims Act allegations that they received illegal kickbacks in violation of the Anti-Kickback Statute in return for referring patients for laboratory testing. The parties have agreed to cooperate with the Department of Justice’s investigations of, and litigation against, other participants in the alleged schemes.
“The prohibition against paying or receiving kickbacks is an important safeguard for ensuring the objectivity of medical decisions that affect federal health care beneficiaries,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “We will continue to pursue those who knowingly violate the law and undermine the integrity of our federal health care system.”
The Anti-Kickback Statute prohibits offering, paying, soliciting, or receiving remuneration to induce referrals of items or services covered by Medicare, Medicaid, and other federally funded health care programs. The Anti-Kickback Statute is intended to ensure that medical providers’ judgments are not compromised by improper financial incentives and are instead based on the best interests of their patients.
The settlement announced today resolves allegations that Dr. Chishti and his medical practice, Badiyan, and Psych Care Consultants received kickbacks in violation of the Anti-Kickback Statute in return for making referrals to laboratories in New Jersey, Texas, and Florida.
- Chishti and C Care. Chishti and his medical practice, C Care, have agreed to pay $125,504 to resolve two allegations. First, from July 2016 to August 2018, C Care allegedly received thousands of dollars in payments from a purported management service organization (MSO) named Infinity Nine Health Group MSO LLC (Infinity) in return for Dr. Chishti ordering laboratory tests from American Institute of Toxicology Inc. doing business as HealthTrackRx, a clinical laboratory in Denton, Texas, and InHealth Diagnostic LLC doing business as RealLab (InHealth), a clinical laboratory in Dallas. Second, from August 2018 to July 2020, C Care allegedly received thousands of dollars in payments from a purported MSO named Alari Group LLC (Alari) in return for Dr. Chishti ordering laboratory tests from Genesis Reference Laboratories LLC (Genesis), a clinical laboratory in Orlando, Florida, and RDx Bioscience Inc. (RDx), a clinical laboratory in Kenilworth, New Jersey.
- Badiyan. Badiyan has agreed to pay $182,676 to resolve allegations that, from November 2018 to June 2022, he received thousands of dollars in payments from a purported MSO named Avior Group LLC (Avior) in return for ordering laboratory tests from RDx and Genesis. RDx and Genesis allegedly paid commissions to an independent contractor recruiter, Corum Group LLC (Corum), which used Avior to pay kickbacks to Dr. Badiyan and other health care providers in return for their referrals.
- Psych Care Consultants. Psych Care Consultants has agreed to pay $217,430 to resolve allegations that, from January 2019 to March 2020, it received thousands of dollars in payments from Alari in return for ordering laboratory tests from Genesis and InHealth. Genesis and InHealth allegedly paid commissions to Corum, which used Alari to pay kickbacks to Psych Care Consultants and other health care providers in return for their referrals.
“Kickbacks can undermine the integrity of our health care system,” said U.S. Attorney Philip R. Sellinger for the District of New Jersey. “Patients should be able to count on their doctors ordering tests and recommending treatment based on what is best for them, and not because they are receiving payments on the side. We will continue to pursue anyone responsible for unlawful actions that can put at risk the medical decision-making process.”
“Those who participate in the federal health care system are required to obey the laws meant to preserve the integrity of program funds and the provision of appropriate, quality services to patients,” said Special Agent in Charge Naomi Gruchacz of the U.S. Department of Health and Human Services Office of Inspector General (HHS-OIG). “Our agency collaborates frequently with our law enforcement partners to investigate parties alleged to violate the Anti-Kickback Statute.”
The settlements were the result of a coordinated effort between the Civil Division’s Commercial Litigation Branch, Fraud Section and the U.S. Attorney’s Office for the District of New Jersey, with assistance from HHS-OIG. The settlements announced today were handled by Senior Trial Counsel Christopher Terranova in the Civil Division’s Commercial Litigation Branch (Fraud Section) and Assistant U.S. Attorney Kruti Dharia for the District of New Jersey. The United States has recovered over $33 million relating to conduct involving MSO kickbacks to health care providers, including False Claims Act settlements with three dozen physicians.
The pursuit of these matters illustrates the government’s emphasis on combating health care fraud. One of the most powerful tools in this effort is the False Claims Act. Tips and complaints from all sources about potential fraud, waste, abuse, and mismanagement can be reported to the Department of Health and Human Services, at 1-800-HHS-TIPS (800-447-8477).
The claims resolved by the settlements are allegations only, and there has been no determination of liability.
Minnesota Man Indicted for Assaulting a Flight Attendant, Interfering with Flight CrewRead the Press Release
ANCHORAGE, Alaska – A federal grand jury in Alaska returned an indictment yesterday charging a Minnesota man with assaulting a flight attendant and interfering with a flight crew’s normal duties.
According to court documents, Christian David Burch, 37, allegedly caused a disturbance on an Alaska Airline flight from Minneapolis to Anchorage in June 2023. During the disturbance, Burch became unresponsive due to an alleged drug overdose. Flight crew members and two passengers, who are medical professionals, tried to give Burch a dose of Narcan, but he started violently resisting and pushing people back, eventually grabbing a female flight attendant near her throat.
A passenger, who was a medical professional, was able to administer two half doses of Narcan through his nose, and members of the flight crew and a few passengers were able to restrain Burch for the reminder of the flight. Burch’s behavior forced the flight attendants to stop performing their normal duties.
Burch was indicted for one count of interference with flight crew members and attendants, in violation of 49 U.S.C. § 46504, and one count of assault in the special aircraft jurisdiction of the United States, in violation of 49 U.S.C. § 46506(1) and 18 U.S.C. § 113(a)(5). The defendant made his initial court appearance on June 29, 2023, before U.S. Magistrate Judge Matthew M. Scoble of the U.S. District Court for the District of Alaska. If convicted, he faces a possible maximum sentence of 20 years in prison, a fine of up to $250,000 or both time in prison and a fine. A federal district court judge will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney S. Lane Tucker of the District of Alaska made the announcement.
The FBI’s Anchorage Field Office, with help from the Anchorage Police Department (APD), is investigating the case.
Assistant U.S. Attorney Christopher Schroeder is prosecuting the case.
An indictment is merely an allegation, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Middlesex County Man Sentenced to 12 Months in Prison for Filing False Corporate Tax ReturnRead the Press Release
NEWARK, N.J. – A Middlesex County, New Jersey man was sentenced to one year and one day in prison for filing a false tax return on behalf of his company, U.S. Attorney Philip R. Sellinger, Acting Assistant Attorney General David A. Hubbert, and Acting Deputy Assistant Attorney General Stuart M. Goldberg announced today.
Gabriel M. Ferrari of Edison, New Jersey, previously pleaded guilty by videoconference before U.S. District Judge Stanley R. Chesler to Count Four of an indictment that charged him with subscribing to a false tax return. Judge Chesler sentenced Ferrari on July 19, 2023, in Newark federal court.
According to documents filed in this case and statements made in court:
Ferrari was the sole owner of Buses and Trucks Inc., an automotive repair business in Linden, New Jersey. In January 2015, Ferrari subscribed to and caused to be filed a corporate tax return for Buses and Trucks for tax year 2011. As Ferrari knew at the time, that return was false in that it understated Buses and Trucks’ gross receipts for tax year 2011. In fact, Ferrari had diverted Buses and Trucks’ gross receipts to pay personal expenses, including gambling on horse races, and did not report those diverted receipts on the Buses and Trucks 2011 corporate tax return.
In addition to the prison term, Judge Chesler sentenced Ferrari to one year of supervised release and ordered to pay restitution of $87,926.
U.S. Attorney Sellinger, Acting Assistant Attorney General Hubbert, and Acting Deputy Assistant Attorney General Goldberg credited special agents of IRS Criminal Investigation, under the direction of Special Agent in Charge Tammy Tomlins, with the investigation leading to today’s sentencing.
The government is represented by Assistant U.S. Attorney Andrew M. Trombly, Chief of the General Crimes Unit, and Trial Attorney Ann M. Cherry of the Tax Division in Washington, D.C.
Michigan City Woman Sentenced to 130 Months in PrisonRead the Press Release
SOUTH BEND –Meliki Marion, 42 years old, of Michigan City, Indiana, was sentenced by United States District Court Judge Damon R. Leichty after pleading guilty to conspiracy to distribute fentanyl, announced United States Attorney Clifford D. Johnson.
Marion was sentenced to 130 months in prison followed by 5 years of supervised release.
According to documents in the case, from June through mid-August 2021, Marion conspired with others to distribute fentanyl in the Michigan City area. Marion’s co-defendants sold pills purporting to be oxycodone that were actually fentanyl. In August 2021, two co-defendants were stopped while traveling back to Michigan City with over a kilogram of fentanyl pills. Marion was in possession of over $3,000 when apprehended by law enforcement as she attempted to run away from her residence as it was to be searched. Marion admitted that she collected money related to the conspiracy.
This case was investigated by the Drug Enforcement Administration (including the Chicago Field Division, the Merrillville District Office, the Amarillo Texas Resident Office and the Albuquerque New Mexico District Office) with the assistance of the Bureau of Alcohol, Tobacco, Firearms and Explosives, the LaPorte County Drug Task Force, an Indiana HIDTA Initiative, and the Michigan City Police Department. The case was prosecuted by Assistant United States Attorneys Kimberly L. Schultz and Joel Gabrielse.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
###
Mexican Cocaine Supplier and Florida Coconspirator Sentenced to Federal Prison for Conspiracy to Distribute CocaineRead the Press Release
Tampa, Florida – U.S. District Judge Kathryn Kimball Mizelle has sentenced Juan Antonio Ortiz-Valle (54, Mexico) to six years and three months in federal prison for conspiracy to possess with the intent to distribute cocaine and for possession with the intent to distribute cocaine. Ortiz-Valle had pleaded guilty on March 22, 2023. Judge Mizell previously sentenced a coconspirator, Jeramie Normandin (33, Melbourne, Florida), to three years in federal prison for conspiracy to possess with the intent to distribute cocaine. Normandin had also previously pleaded guilty.
According to court documents, Ortiz-Valle is a Mexican citizen who was legally admitted into the United States from 1996 to 2000 but remained in the country after his legal status had expired. Ortiz-Valle lived in Dallas, Texas and Pensacola, Florida until his arrest in this case.
In March 2017, Ortiz-Valle arranged the sale of 10 kilograms of cocaine through a confidential source. He and a coconspirator met with an undercover agent in Jacksonville, where they discussed the pending cocaine transaction and how they could continue to work together in the future. Ortiz-Valle said he worked with individuals in Mexico and Texas, and that he had sources that could supply as much cocaine as needed. However, the sale of cocaine planned for that day did not occur because the vehicle carrying the cocaine was involved in an accident.
In September and October 2017, Ortiz-Valle and a confidential source discussed cocaine deliveries to a buyer in Florida. They met in Lakeland with the buyer, Normandin, and Ortiz agreed to supply Normandin with kilogram quantities of cocaine. After their initial meeting, Ortiz and Normandin continued to communicate through the confidential source and agreed that their initial transaction would take place in Dallas. Normandin met with Ortiz and his suppliers in Dallas and purchased two kilograms of cocaine from them. After the transaction, the cocaine was seized by law enforcement during a traffic stop.
In April 2018, Ortiz communicated with the confidential source to arrange a delivery of two kilograms of cocaine to Normandin in Lakeland. Ortiz and coconspirators traveled to Lakeland for the transaction and arrived at the prearranged location. After verifying that Ortiz and his coconspirators had brought the cocaine, law enforcement seized two kilograms of cocaine from a coconspirator’s vehicle.
This case was investigated by the Drug Enforcement Administration, the Lakeland Police Department, and the Dallas County Sheriff’s Department. It was prosecuted by Assistant United States Attorney Michael Sinacore.
Marlboro Man Arrested for Child Pornography OffensesRead the Press Release
BOSTON – A Marlboro man has been charged with allegedly receiving, possessing and distributing child pornography.
Larry Stephen, 44, was charged with one count of receipt, distribution, and possession of child pornography. Stephen was arrested on June 18, 2023 and was released on conditions following an initial appearance in federal court in Boston before U.S. District Court Magistrate Judge M. Page Kelley.
According to the charging documents, authorities identified Stephen as an individual allegedly using a social media platform to receive and post child pornography. On June 7, 2023, a search warrant was executed at Stephen’s Marlboro residence where Stephen’s cell phone was seized. A preliminary examination of the cell phone allegedly revealed the presence of child pornography.
For the charge of receipt, distribution, and possession of child pornography, the defendant faces a sentence of at least five years and up to 20 years in prison, at least five years and up to a lifetime of supervised release and a fine of up to $250,000. Sentences are imposed by a federal district court judge based upon the U.S. Sentencing Guidelines and statutes which govern the determination of a sentence in a criminal case.
Acting United States Attorney Joshua S. Levy; Michael J. Krol, Acting Special Agent in Charge, Homeland Security Investigations, in New England; and Jennifer De La O, Director of Field Operations, U.S. Customs and Border Protection, Boston Field Office made the announcement today. Valuable assistance was provided by the Marlboro Police Department. Assistant U.S. Attorney David G. Tobin of the Major Crimes Unit is prosecuting the case.
This case was brought as part of Project Safe Childhood, a nationwide initiative to combat the growing epidemic of child sexual exploitation and abuse, launched in May 2006 by the Department of Justice. Led by the U.S. Attorneys’ Offices and the DOJ’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute individuals who exploit children, as well as identify and rescue victims. For more information about Project Safe Childhood, please visit https://www.justice.gov/psc.
Members of the public who have questions, concerns or information regarding this case should call 617-748-3274.
The details contained in the charging documents are allegations. The defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.
Madison Felon Sentenced to 6 Years for Possessing a FirearmRead the Press Release
MADISON, WIS. – Timothy M. O’Shea, United States Attorney for the Western District of Wisconsin, announced that Donquil D. McLemore, 20, Madison, Wisconsin was sentenced today by U.S. District Judge William M. Conley to 6 years in federal prison for possessing a firearm as a felon. McLemore’s sentence will be followed by 3 years of supervision. McLemore pleaded guilty to this charge on February 17, 2023.
On June 30, 2022, McLemore was a passenger in a stolen car in Madison when he and the other two occupants of the car crashed into a truck with a trailer. McLemore and the other occupants of the car battered the two individuals inside the truck. Then, while fleeing the scene, McLemore and the others drove past the truck and one of the occupants pointed a gun and fired a shot at the victims.
The car crashed a few miles from the scene where the shot was fired, and McLemore fled the crash site and was arrested at a nearby lot. He was found in possession of a loaded.380 caliber handgun. McLemore’s DNA was later found on the handgun.
McLemore was prohibited from possessing a firearm based on five prior felony convictions. At the time of this incident, McLemore was on state probation for three separate cases. He was also out on bond on two pending state criminal cases.
At sentencing, Judge Conley noted that McLemore was a young defendant with a disturbing history as a juvenile. He stated that McLemore’s gun possession was “especially concerning because of his history of past violence.” The Court highlighted McLemore’s “unrelenting criminality,” concluding that the protection of the public was a driver of the sentence. Finally, Judge Conley commented that McLemore had “traveled an extremely destructive path” and determined that a lengthy prison sentence was warranted.
Roland J. Scott III, one of the other occupants in the stolen car, was sentenced by Judge Conley to 8 years in prison on May 18, 2023, for possessing with intent to distribute 40 grams or more of fentanyl and maintaining a drug trafficking place. Scott was sentenced for conduct related to this investigation as well as additional crimes not connected to McLemore.
The charge against McLemore was the result of an investigation conducted by the Madison Police Department, the Dane County Narcotics Task Force, and the Bureau of Alcohol, Tobacco, Firearms and Explosives. The Dane County District Attorney’s Office also provided assistance in the case. Assistant U.S. Attorneys Steven P. Anderson and Kathryn E. Ginsberg prosecuted this case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Los Lunas Man Sentenced to 2 Years for Federal Gun ChargeRead the Press Release
ALBUQERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, and Raul Bujanda, Special Agent in Charge of the FBI Albuquerque Field Office, announced today that Diego Fernandez was sentenced to 28 months in prison. Fernandez, 24, of Los Lunas, pled guilty in federal court on March 7, 2022, to being a felon in possession of a firearm and ammunition.
Fernandez was indicted by a federal grand jury on July 15, 2021. According to the plea agreement and other court records, on April 7, 2021, when the New Mexico State Police (NMSP) attempted to execute a traffic stop, Fernandez fled, driving recklessly and towards oncoming traffic. NMSP canceled the pursuit for safety reasons when Fernandez entered a residential neighborhood but continued to monitor his location from a helicopter. When Fernandez parked, officers from NMSP approached him again and were able to apprehend him after a short foot chase.
At the time of his arrest, Fernandez possessed a loaded firearm. As a convicted felon, Fernandez could not legally possess a firearm or ammunition.
Upon his release from prison, Fernandez will be subject to 3 years of supervised release.
The FBI’s Albuquerque Violent Crime and Gang Task Force (VCGTF) investigated this case with assistance from the New Mexico State Police. Assistant U.S. Attorney Samuel A. Hurtado is prosecuting the case.
###
23-157
Long Island Man Sentenced to 30 Years in Prison for Distributing Heroin that Caused the Fatal Overdose of Victim in JerichoRead the Press Release
Earlier today, at the federal courthouse in Central Islip, James Tunstall, also known as “Math,” was sentenced by the Honorable Joan M. Azrack, United States District Judge, to 30 years’ imprisonment, for distributing heroin, the use of which resulted in the fatal overdose of 24-year-old Sergio Niko Alvarez on October 29, 2018 in Jericho, New York. Tunstall was found guilty in a week-long jury trial in February 2023.
Breon Peace, United States Attorney for the Eastern District of New York; Frank A. Tarentino III, Special Agent-in-Charge, Drug Enforcement Administration, New York Division (DEA); and Patrick J. Ryder, Commissioner, Nassau County Police Department (NCPD), announced the sentencing.
“As proven at trial, the defendant feigned addiction to misuse a rehab program to get out of jail, where he met vulnerable individuals he could sell drugs to, including the victim,” stated United States Attorney Peace. “It is our hope that today’s sentence serves both as a deterrent to those peddling dangerous narcotics in our communities and as a measure of comfort to the victim’s family, that callous disregard for human life will never be accepted.”
United States Attorney Peace extended his appreciation to the members of the Long Island Heroin Task Force for their outstanding working on this case.
“DEA’s New York Division works tirelessly to safeguard our communities from drug traffickers peddling their poison that has taken too many lives,” said DEA Special Agent in Charge Tarentino. “This sentencing exemplifies law enforcement’s focus of bringing those responsible for overdoses and poisonings to justice, and sends a message of support to the families of loved ones lost that we will not rest until justice is done.”
“The arrest and sentencing of defendant James Tunstall is a clear example of numerous law enforcement agencies working together to bring closure to this case,” said NCPD Commissioner Ryder. “Defendant Tunstall continuously dealt illegal drugs to Nassau County residents which contaminated our communities. This also resulted in the fatal overdose of a 24-year-old male and the defendant is now held accountable. Nassau County continues our zero tolerance approach for the distribution of illegal drugs and this case should send a strong message to all that may contemplate the distribution of these drugs.”
As proven at trial earlier this year and set forth in the government’s sentencing letters and other public documents, Tunstall was a drug dealer who regularly sold cocaine and heroin to customers in Nassau County. Despite repeated state arrests for drug trafficking, the defendant regularly feigned opioid addiction and was therefore court-mandated to participate in rehabilitation programs in lieu of incarceration. As proven in court, Tunstall amassed new drug customers at these rehabilitation centers, including the victim, who he met at an outpatient rehabilitation facility in Mineola. Tunstall later sold cocaine to the victim at that same facility. In an effort to keep his drug customers out of jail, Tunstall also provided these individuals with his own clean urine for use in order to pass their drug tests.
Tunstall’s co-defendant, Jay Tenem, who Tunstall also met as part of a drug rehabilitation program, delivered the fatal dose of heroin from Tunstall to the victim on October 28, 2018. Tenem also brought the victim’s cash payment back to Tunstall, in exchange for heroin of Tenem’s own to use. The next morning, the victim was found dead, by his mother, of heroin intoxication. Tunstall was arrested for the victim’s death while on release pending sentence in yet another state drug trafficking case. Tenem was also arrested, and pleaded guilty.
Tunstall pleaded guilty in July 2021 to participating in a conspiracy to distribute heroin and cocaine, and was sentenced by the Court in December 2022 to 20 years’ imprisonment. The sentence imposed upon him today in connection with Alvarez’s death will be served concurrently with that sentence.
The government’s case is being handled by the Office’s Long Island Criminal Division. Assistant United States Attorneys Justina Geraci and Samantha Alessi are in charge of the prosecution, with assistance from Paralegal Specialist Michael Compitello.
The Defendant:
JAMES T. TUNSTALL (also known as “Math”)
Age: 48
Freeport and Westbury, New YorkE.D.N.Y. Docket No. 18-CR-675 (JMA)
Lincoln Woman Sentenced for Conspiracy to Distribute Drugs Stolen from the Nebraska State PatrolRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Anna Idigima, 38, of Lincoln, Nebraska, was sentenced today to 21 years and 10 months’, (262 months’), imprisonment, for conspiracy to distribute and possess with intent to distribute 5 kilograms or more of cocaine, 400 grams or more of fentanyl and 50 kilograms or more of marijuana, resulting in serious bodily injury, by Senior United States District Judge John M. Gerrard. Following her release from prison, Idigima will serve five years on supervised release. There is no parole in the federal system.
Beginning in June of 2021, Idigima, a Nebraska State Patrol, (NSP), stored evidence room employee, began stealing drugs held in completed NSP cases which were awaiting destruction orders. She provided the drugs to her boyfriend and co-defendant, George Weaver, who sold them in Lincoln. Video surveillance from NSP’s Lincoln evidence storage facility shows Idigima opening sealed boxes, taking items from those boxes, putting them in garbage bags and loading the bags into her personal vehicle on several occasions between June 16, 2021, and August 12, 2021. The Lincoln/Lancaster County Narcotics Task Force, (LLCNTF), conducted an audit of the NSP evidence storage areas to which Idigima had access during this timeframe. Idigima was fired by NSP because of this investigation in September of 2021.
Through the audit, the following approximate totals of drugs were found to be missing:
Marijuana - 154 pounds
Cocaine - 19 pounds
Fentanyl - 6 pounds
Heroin - 10 pounds
Methamphetamine - 3 pounds
THC - 32 pounds
THC vape cartridges - 1,720
Numerous assorted pills
In August of 2021, LLCNTF investigators searched Weaver’s SnapChat account and found drug-related conversations and a photo of several large bags of marijuana on a bed. One of the bags had a piece of red evidence label tape on it which was consistent with evidence tape used by NSP. In a search of an apartment rented by Weaver, believed to be the location where the photo of the marijuana was taken, investigators found residue containing cocaine, fentanyl, and marijuana.
On August 4, 2021, a Nebraska City couple overdosed at their home in Nebraska City. One of them required CPR and both were given Narcan. They were both hospitalized in Omaha. During a search of their residence, two bags of white powder containing cocaine and fentanyl, weighing a total of just under one ounce, were found. A review of first responder and hospital records for the couple by a physician, board certified in emergency medicine and medical toxicology, determined the couple would have been at a substantial risk of death had they not been given Narcan due to their use of cocaine laced with fentanyl. After they recovered, the couple told investigators they bought what they believed was an ounce of cocaine from a Lincoln resident. That person was contacted by law enforcement and told them he had purchased what he believed to be cocaine from Weaver and sold it to the Nebraska City couple. It was this cocaine, laced with fentanyl, which caused the couple’s overdoses.
On August 18, 2021, a Lincoln man was found unconscious by first responders. He was given CPR and Narcan and was hospitalized. A search of his car turned up approximately two grams of white substance. An additional two grams were found in his wallet. Both items were found to contain cocaine and fentanyl. The government’s expert in emergency medicine and toxicology determined the victim would have been at a substantial risk of dying had he not been given Narcan. The victim later told investigators he bought what he thought was cocaine earlier that day from another Lincoln resident and said he had used some in his car just prior to his overdose.
On August 20, 2021, the seller of the cocaine and fentanyl involved in the August 18, 2021, overdose was arrested and found in possession of approximately one ounce of cocaine and fentanyl. He agreed to cooperate with law enforcement and told them he got the drugs from Weaver one to two weeks prior to his arrest. After his arrest, working with investigators, the seller met with Weaver and engaged Weaver in a conversation about paying Weaver for previously purchased drugs, including the cocaine which caused the August 18, 2021, overdose. This conversation took place at Idigima’s residence.
Other cooperating witnesses provided information to the LLCNTF regarding purchases of cocaine made from Weaver beginning in about June of 2021. One of those witnesses was arrested on August 12, 2021, after the execution of a search warrant at his Lincoln residence resulted in the finding of approximately six pounds of cocaine and more than $3,400 in cash in his Lincoln residence. Weaver told the witness his source was a female. The witness saw this female on one occasion and later identified her as Idigima after seeing photos which appeared in the press after Weaver’s and Idigima’s arrests in the fall of 2021. In addition to purchasing cocaine from Weaver, the witness reported seeing Weaver in possession of approximately 20 one-pound bags of marijuana, THC, and three large gray evidence bags containing a white dust which Weaver claimed was cocaine, but the witness said the appearance and taste were not consistent with cocaine.
Two other cooperating witnesses reported buying pills from Weaver and Idigima in August or September of 2021 with one of the witnesses saying payment for the pills was sent to Idigima’s CashApp account.
In January of 2023, Idigima, at that time incarcerated in the Saline County Jail, sent a letter to an inmate at the Nebraska Correctional Center for Women in York, Nebraska. The letter was intercepted by jail staff pursuant to policy. In the letter, Idigima identified herself as “Anna Idigima” and wrote, “You may have heard about the case. I was the evidence tech from the Nebraska State Patrol who took 1.2 million in drugs and sold them.”
In response to Idigima’s sentencing, Lincoln Police Chief Teresa Ewins said, “We would like to thank the Lincoln / Lancaster County Narcotics Task Force and its members for working tirelessly to find those responsible for the loss of life and those also impacted in our community. We would like to give our heartfelt condolences to the families of these victims because we know it has been a long road to getting justice for them. We hope this allows them to heal from their loss. Thank you to the US Attorney’s Office for their partnership and hard work to bring those to justice.”
This case was investigated by the Lincoln/Lancaster County Narcotics Task Force (Lincoln Police Department, Lancaster County Sheriff’s Office and UNL Police Department), the Nebraska State Patrol, the Nebraska City Police Department, and the Saline County Sheriff’s Office.
Lincoln Man Sentenced to 87 Months for Possessing a FirearmRead the Press Release
Acting United States Attorney Susan T. Lehr announced that BJ Jaquez Rice, 30, of Lincoln, Nebraska, was sentenced on July 18, 2023, to 87 months’ imprisonment for being a felon in possession of a firearm. After Rice is release from prison, he will begin a three-year term of supervised release. There is no parole in the federal system. Rice pleaded guilty to the offense on February 15, 2023.
On March 11, 2022, an officer with the Lincoln Police Department stopped a vehicle in downtown Lincoln. A female was driving the vehicle and Rice was in the front passenger seat. During the stop, the officer noticed a strong odor of burnt marijuana emanating from the vehicle and performed a search of the vehicle. During the search, the officer located a Smith & Wesson, model M&P M2 Shield, .380 caliber handgun tucked between the driver’s seat and the center console. The officer also located a Glock, model 19, 9mm caliber handgun underneath the front passenger seat. When asked for identification, Rice gave the officer a false name, date of birth, and stated that he had an identification issued to him in Florida. After Rice was arrested, police discovered his true name and that he had prior felony convictions in North Carolina.
In addition to the Lincoln Police Department, the Bureau of Alcohol, Tobacco, Firearms, and Explosives, contributed to this investigation. This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
Kaufman County Man Guilty of Federal Violations in the Eastern District of TexasRead the Press Release
SHERMAN, Texas– A Terrell man has pleaded guilty to federal violations in the Eastern District of Texas, announced U.S. Attorney Damien M. Diggs today.
Michael Disman, 41, pleaded guilty to wire fraud charges before U.S. Magistrate Judge Aileen Goldman Durrett on July 19, 2023.
According to information presented in court, between January 2018 and March 2022, Disman operated an investment fraud scheme using various companies he controlled, including “Dexter Development” and “Disman Energy.” Disman solicited funds from victim investors for purported lucrative land development projects, when in reality, those projects were non-existent and the investor funds were spent elsewhere. To execute his scheme, Disman made various material misrepresentations about investor payouts and the use of investor money, executing sham contracts and sharing real estate paperwork to add legitimacy. Disman actually used the investor funds for various non-business purposes, including on ATM cash withdrawals and drug purchases. In total, Disman defrauded at least 20 victim investors and caused at least $3.2 million in losses.
Disman faces up to 20 years in federal prison. The maximum statutory sentence prescribed by Congress is provided here for information purposes, as the sentencing will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the U.S. Probation Office.
This case is being investigated by the Federal Bureau of Investigation and prosecuted by Assistant U.S. Attorney Anand Varadarajan.
# # #
Kanawha County Man Sentenced to Prison for Federal CrimeRead the Press Release
CHARLESTON, W.Va. – Jamon L. Woodson, 40, of Dunbar, was sentenced today to five years in prison, to be followed by three years of supervised release, for being a felon in possession of ammunition in connection with a shooting outside a Charleston business.
According to court documents and statements made in court, on the afternoon of June 30, 2022, Woodson had stopped his vehicle outside Jet Life Apparel on Leon Sullivan Way in Charleston and fired a pistol in the direction of the store. Following the shooting, law enforcement officers recovered a 9mm shell casing from the street and found a bullet hole at the entrance to Jet Life Apparel.
Federal law prohibits a person with a prior felony conviction from possessing a firearm or ammunition. Woodson knew he was prohibited from possessing ammunition because of his felony conviction for conspiracy to distribute more than 500 grams of cocaine and a quantity of marijuana in United States District Court for the Northern District of West Virginia on January 7, 2011.
Following the shooting, officers obtained a search warrant for Jet Life Apparel’s video surveillance system. The video surveillance footage showed Jonathan Kennedy, 41, of St. Albans, carrying a Dickinson, model XXPA, 12-gauge shotgun at the time of the altercation with Woodson and Kevin Gerard Denson, 36, of Charleston, carrying both a Smith & Wesson, model M&P 15, 5.56-caliber rifle and the Dickinson shotgun after the shooting. Officers recovered both firearms from a vehicle in an alley near Jet Life Apparel. Each firearm was loaded with a high-capacity drum magazine. Denson and Kennedy previously pleaded guilty to being a felon in possession of a firearm and are awaiting sentencing.
The United States sought an upward variance from Woodson’s original sentencing range because of his criminal history and his extremely dangerous actions in broad daylight on a downtown Charleston street. Woodson had completed his supervised release for the 2011 felony drug conviction two months before the shooting incident. The Court granted an upward variance, concluding that it was necessary to protect the public.
United States Attorney Will Thompson made the announcement and commended the investigative work of the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and the Charleston Police Department.
Chief United States District Judge Thomas E. Johnston imposed the sentence. Assistant United States Attorney Nowles Heinrich prosecuted the case.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-183.
###
Justice Department Secures Agreement with Staffing Services Company to Resolve Immigration-Related Employment Discrimination ClaimRead the Press Release
The Justice Department announced today that it has secured a settlement agreement with FM Talent Source LLC, a Maryland-based staffing services company. The settlement resolves the department’s determination that FM Talent violated the Immigration and Nationality Act (INA) when the company rescinded a job offer from a non-U.S. citizen and delayed his eventual hiring due to unfounded suspicions based on his citizenship status.
“Employers cannot make hiring decisions based solely on assumptions or stereotypes about an applicant’s citizenship status,” said Assistant Attorney General Kristen Clarke of the Justice Department’s Civil Rights Division. “The Civil Rights Division will vigorously enforce the Immigration and Nationality Act’s nondiscrimination mandate to ensure that all job applicants are treated fairly.”
The department’s investigation began when a lawful permanent resident complained that FM Talent rescinded his job offer for a contract position with the federal government because of his citizenship status. The department found that, although the federal contract did not prohibit FM Talent from hiring a lawful permanent resident for the position, FM Talent rescinded the applicant’s offer due to unfounded suspicions that his status as a non-U.S. citizen, he would delay the hiring process. FM Talent renewed the worker’s job offer after the department opened its investigation, but the company’s discriminatory actions delayed the worker’s start date. Under the INA, employers cannot unlawfully discriminate based on citizenship, immigration status or national origin at any stage of the hiring process.
Under the terms of the settlement, FM Talent will pay a civil penalty to the United States and back pay to the affected worker. FM Talent will also train its staff on the INA’s anti-discrimination provision, revise its policies and procedures and be subject to departmental monitoring for a three-year period.
The Civil Rights Division’s Immigrant and Employee Rights Section (IER) is responsible for enforcing the anti-discrimination provision of the INA. The statute prohibits discrimination based on citizenship status and national origin in hiring, firing or recruitment or referral for a fee; unfair documentary practices; and retaliation and intimidation.
Find more information on how employers can avoid discrimination when hiring and recruiting on IER’s website. Learn more about how IER protects workers’ rights in this video. For more information about protections against employment discrimination under immigration laws, call IER’s worker hotline at 1-800-255-7688 (1-800-237-2515, TTY for hearing impaired); call IER’s employer hotline at 1-800-255-8155 (1-800-237-2515, TTY for hearing impaired); sign up for a live webinar or watch an on-demand presentation; email [email protected]; or visit IER’s English and Spanish websites. Sign up for email updates from IER.
Settlement AgreementJustice Department Secures Agreement with Wyoming School District to Address Discrimination Based on Sex and DisabilityRead the Press Release
The Justice Department announced a settlement agreement with Teton County School District #1 in Wyoming to resolve the department’s investigation into alleged peer harassment based on sex and disability and retaliation. The department conducted its investigation under Title IV of the Civil Rights Act of 1964 and Title II of the Americans with Disabilities Act (ADA).
The department’s investigation focused on the school district’s response to students’ complaints of sexual harassment and to reports of a broader school climate in which female students were subjected to sexualized insults and derogatory comments in the hallways, in classes and on social media. The agreement will address the district’s ineffective responses to such complaints, which left female students vulnerable to continued harassment by their peers, including retaliatory harassment for reporting discrimination. The agreement also will address the district’s response to peer harassment based on disability and improve the district’s policies and training on how to identify and support students who exhibit signs of depression, anxiety, self-harm or suicidality resulting from harassment.
“Young women and girls should feel safe to learn in schools and not forced to endure a sexually hostile environment,” said Assistant Attorney General Kristen Clarke of the Civil Rights Division. “It is vital that schools respond swiftly and effectively to reports of harassment and that they recognize and support students who show signs of trauma or have trauma-related disabilities. The reforms required by our settlement agreement will help to create meaningful change and a safer learning environment for all students across the district. The Justice Department is committed to holding all schools accountable to their obligation to provide every student an educational environment free from discrimination.”
The district cooperated fully with the department’s investigation and took proactive steps to begin revising and strengthening its anti-harassment policies and its multi-tiered support systems to help ensure that students who experience discrimination receive the proper services. Under the agreement, the district will build on these efforts by working with a consultant to review and revise its policies and practices, respond appropriately to every discrimination complaint and adopt appropriate supportive and remedial measures. The district also will, among other things:
-
Make reasonable modifications to relevant policies, practices and procedures to support students who exhibit signs of trauma;
-
Prohibit and take reasonable steps to prevent retaliation;
-
Implement school climate assessments and an engagement plan;
-
Train its civil rights coordinator and other staff on their obligations under the district’s antidiscrimination policies and complaint resolution procedures; and
-
Institute internal monitoring and auditing procedures to ensure compliance and regularly evaluate the overall success of the district’s antidiscrimination program.
Protecting students from harassment and other discrimination is a top priority of the Justice Department’s Civil Rights Division. Additional information about the Civil Rights Division is available on its website at www.justice.gov/crt, and additional information about the work of the Educational Opportunities Section is available at www.justice.gov/crt/educational-opportunities-section.
Members of the public may report possible civil rights violations at www.civilrights.justice.gov/report.
Resolution Agreement-
Jury Convicts California Man of Cocaine TraffickingRead the Press Release
KANSAS CITY, Mo. – A Huntington Park, California, man was found guilty at trial today of possessing approximately 2.6 pounds of cocaine, which he carried hidden in a suitcase while traveling by bus through Kansas City, Mo.
Alan E. Sanchez, 29, was found guilty of one count of possessing cocaine with the intent to distribute.
A detective with the Missouri Western Interdiction and Narcotics (MOWIN) Task Force approached Sanchez at a Kansas City, Mo., bus station as he got off the bus, which originated in Denver, Co., on Nov. 15, 2021. Sanchez was carrying a soft-sided suitcase. When the detective searched the suitcase, he found a bundle that contained approximately 2.6 pounds of cocaine. Sanchez also had $2,626 in cash.
Following the presentation of evidence, the jury in the U.S. District Court in Kansas City, Mo., deliberated for 90 minutes before returning a guilty verdict to U.S. District Judge Roseann Ketchmark, ending a trial that began Tuesday, July 18.
Under federal statutes, Sanchez is subject to a mandatory minimum sentence of five years in federal prison without parole, up to a sentence of 40 years in federal prison without parole. The maximum statutory sentence is prescribed by Congress and is provided here for informational purposes, as the sentencing of the defendant will be determined by the court based on the advisory sentencing guidelines and other statutory factors. A sentencing hearing will be scheduled after the completion of a presentence investigation by the United States Probation Office.
This case is being prosecuted by Assistant U.S. Attorneys Trey Alford and John C. Constance. It was investigated by the Kansas City Interdiction Task Force and the Drug Enforcement Administration.
Jamestown Felon Going to Prison for Gun PossessionRead the Press Release
BUFFALO, N.Y.-U.S. Attorney Trini E. Ross announced today that Angelo Pollino, 35, of Jamestown, NY, who was convicted of being a felon in possession of a firearm, was sentenced to serve 78 months in prison by U.S. District Judge Richard J. Arcara.
Assistant U.S. Attorney Joshua A. Violanti, who is handling the case, stated that in January 2012, Pollino was convicted in Chautauqua County Court of Criminal Possession of Stolen Property in the Fourth Degree and Burglary in the Third Degree, and was sentenced to serve one to three years in prison. As a result, Pollino is legally prohibited from possessing a firearm. On January 24, 2019, Pollino and two other men broke into and burglarized a home in the Town of Ellicott, NY. Pollino and the others took a .380 caliber pistol, a .38 caliber revolver, a Glock pistol, and various bank and credit cards of the victim. The following day, the three men utilized the victim’s bank and credit cards at various locations in New York and Pennsylvania. Pollino then traded the pistol and revolver for heroin.
The sentencing is the result of an investigation by the Bureau of Alcohol, Tobacco, Firearms, and Explosives, under the direction of Special Agent-in-Charge John B. DeVito, New York Field Division, the Drug Enforcement Administration, under the direction of Special Agent-in-Charge Frank A. Tarentino III, New York Field Division, the Jamestown Police Department, under the direction of Chief Timothy Jackson, and the Ellicott Police Department, under the direction of Chief William Ohnmeiss.
# # # #
Grand Jury-July 2023Read the Press Release
Acting United States Attorney Susan Lehr announced the federal Grand Jury for the District of Nebraska has returned 14 unsealed Indictments charging 14 defendants. Indictments are charging documents that contain one or more individual counts that are merely accusations, and every defendant is presumed innocent unless and until proven guilty.
* Jorge Diaz Sanchez a/k/a Gilberto Vasquez-Parra, age 35, is charged with illegal reentry after deportation on or about October 13, 2018. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Maleeka D. Gilbert, age 21, is charged in a three-count Indictment. Count I charges Gilbert with conspiracy to distribute and possession with intent to distribute 400 grams or more of fentanyl from on or about an unknown date and continuing to on or about March 31, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment. Count II charges Gilbert with possession with intent to distribute 400 grams or more of fentanyl on or about March 31, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment. Count III charges Gilbert with possessing a firearm in furtherance of drug trafficking crimes on or about March 31, 2023. The maximum possible penalty if convicted is not less than 5 years’ and up to life imprisonment consecutive to any other sentence, a $250,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Luis Fernando Hernandez Reyes, age 29, is charged with illegal reentry after deportation on or about June 22, 2023. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Madison S. Hill, age 29, of Omaha, Nebraska, is charged in a two-count Indictment. Count I charges Hill with bank robbery on or about May 20, 2023. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Hill with brandishing a weapon to commit a federal crime of violence on or about May 20, 2023. The maximum possible penalty if convicted is not less than 7 years’ and up to life imprisonment consecutive to the robbery, a $250,000 fine, a five-year term of supervised release, and a $100 special assessment
* Nathan Scott Jandreau, age 38, is charged with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about February 10, 2023. The maximum possible penalty if convicted is not less than 15 years’ and up to life imprisonment, a $20,000,000 fine, not less than ten years and up to a life term of supervised release, and a $100 special assessment.
* John E. Kohler, age 52, of Omaha, Nebraska, is charged in a two-count Indictment. Count I charges Kohler with possession with intent to distribute 5 grams or more of methamphetamine (actual) on or about March 6, 2023. The maximum possible penalty if convicted is not less than 5 years’ and up to 40 years’ imprisonment, a $5,000,000 fine, not less than four years and up to a life term of supervised release, and a $100 special assessment. Count II charges Kohler with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) beginning on or about February 13, 2023 and continuing to on or about March 6, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Adan Morales Garcia, age 42, is charged with illegal reentry after deportation on or about June 2, 2023. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Nicolas Nicolas Antonio, age 39, is charged with illegal reentry after deportation on or about March 30, 2023. The maximum possible penalty if convicted is 2 years’ imprisonment, a $250,000 fine, a one-year term of supervised release, and a $100 special assessment.
* Carolynne R. Parker a/k/a Carolynne R. Noffsinger, age 50, of Maineville, Ohio, is charged with theft concerning programs receiving federal funds beginning on or about July 25, 2018 and continuing through on or about August 22, 2019. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. There is also an allegation to forfeit United States currency and property seized.
* Juan Rafael Ramirez, age 27, is charged with illegal reentry of a removed alien after a felony conviction on or about June14, 2023. The maximum possible penalty if convicted is 10 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Hugo Ruiz Rios, age 33, is charged with possession with intent to distribute 500 grams or more of methamphetamine on or about April 16, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment.
* Miguel Fabian Ruvalcaba Munoz, age 36, of Omaha, Nebraska, is charged in a two-count Indictment. Count I charges Ruvalcaba Munoz with conspiracy to distribute and possession with intent to distribute 50 grams or more of methamphetamine (actual) from on or about March 15, 2023 and continuing to on or about April 4, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to a life term of supervised release, and a $100 special assessment. Count II charges Ruvalcaba Munoz with possession with intent to distribute 50 grams or more of methamphetamine (actual) on or about March 15, 2023. The maximum possible penalty if convicted is not less than 10 years’ and up to life imprisonment, a $10,000,000 fine, not less than five years and up to life term of supervised release, and a $100 special assessment.
* Bernabe Tercero-Reynoso, age 33, is charged with illegal reentry of a removed alien after an aggravated felony conviction on or about March 30, 2023. The maximum possible penalty if convicted is 20 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment.
* Jacob Wilkins, age 42, of Mitchell, Nebraska, is charged in a three-count Indictment. Count I charges Wilkins with embezzlement and theft of labor union assets on or about July 25, 2016 and continuing to on or about August 12, 2021. The maximum possible penalty if convicted is 5 years’ imprisonment, a $250,000 fine, a three-year term of supervised release, and a $100 special assessment. Count II charges Wilkins with falsification, concealment, or destruction of financial records required to be kept by labor union on or about January 1, 2018 and continuing to on or about September 10, 2019. The maximum possible penalty if convicted is 1 year imprisonment, a $10,000 fine, a three-year term of supervised release, and a $25 special assessment. Count III charges Wilkins with falsification, concealment, or destruction of financial records required to be kept by labor union on or about January 1, 2019 and continuing to on or about March 31, 2020. The maximum possible penalty if convicted is 1 year imprisonment, a $10,000 fine, a three-year term of supervised release, and a $25 special assessment.
Contact Information:
Criminal Chief Donald J. Kleine, 402-661-3700
Drug Enforcement Unit Chief Matt Lierman, 402-661-3700
Grand Island Man Sentenced to Nine Years for Drug and Firearm OffensesRead the Press Release
Acting United States Attorney Susan T. Lehr announced that Mohamed Gamar Ahmed, 20, of Grand Island, Nebraska, was sentenced on July 18, 2023, to 48 months’ imprisonment for possession of cocaine and fentanyl with the intent to distribute, and to a consecutive 60-month term of imprisonment for possession of firearms in furtherance of that drug trafficking crime. After his release from prison, he will begin a five-year term of supervised release. There is no parole in the federal system. Ahmed pleaded guilty to the offenses on April 18, 2023.
On March 28, 2022, officers with the Grand Island Police Department were called to a residence in Grand Island. When officers arrived, they found a juvenile female unconscious and not breathing. Officers began administering CPR and paramedics with the Grand Island Fire Department arrived a short time later. The female was revived with the use of Narcan and transported to the hospital.
A juvenile male, who was present when police arrived at the residence, reported previously purchasing a blue pill from Ahmed, which the juveniles believed was Percocet. Within minutes of ingesting the drug, the female began showing signs of an overdose and became unconscious.
Officers obtained a search warrant for Ahmed’s apartment. Inside the apartment, officers located loaded handguns, digital scales, plastic bags used for packaging drugs, ammunition, about 1.2 pounds of marijuana, THC vape pens, 31 grams of cocaine, and around 30 suspected Percocet pills. Testing completed by the Nebraska State Patrol Crime Laboratory showed the suspected Percocet pills contained fentanyl.
This case was investigated by the Grand Island Police Department and the Trident Drug Task Force, which is made up of officers from the Grand Island Police Department, Hall County Sheriff, Hastings Police Department, Adams County Sheriff, Kearney Police Department, Buffalo County Sheriff, Nebraska State Patrol, Homeland Security Investigations, and the Federal Bureau of Investigation.
Four Capital Region Men Charged with Pandemic Fraud SchemeRead the Press Release
ALBANY, NEW YORK – Todd Ward a/k/a “Fats,” age 44, of Troy, New York; Christopher Ward a/k/a “Reek,” age 45, of Troy; Rocco Resciniti a/k/a “Rock,” age 49, of Albany; and a fourth defendant have been indicted for conspiring with a former New York State Department of Labor (NYSDOL) employee to fraudulently obtain unemployment insurance benefits in the names of other people.
The announcement was made by United States Attorney Carla B. Freedman; Janeen DiGuiseppi, Special Agent in Charge of the Albany Field Office of the Federal Bureau of Investigation (FBI); and Jonathan Mellone, Special Agent in Charge, Northeast Region, U.S. Department of Labor, Office of Inspector General (USDOL-OIG).
United States Attorney Carla B. Freedman stated: “As alleged, the defendants teamed up with a corrupt state employee to arrange for the submission of fraudulent unemployment benefits applications. The COVID-19 national emergency is over, but with our federal and state law enforcement partners, we continue to investigate and prosecute those who viewed the pandemic as an opportunity to steal from government.”
FBI Special Agent in Charge Janeen DiGuiseppi stated: “The scheme alleged in this case took crucial funding designed to assist hardworking Americans away from those struggling during the COVID-19 pandemic. Today’s arrests should serve as a warning to all that the FBI, along with our law enforcement partners, will not allow critical benefits program funding to be exploited by criminals looking to line their own pockets.”
USDOL-OIG Special Agent in Charge Jonathan Mellone stated: “An important part of the mission of the Office of Inspector General is to investigate allegations relating to unemployment insurance fraud, particularly when they involve insider threats. We will continue to work with our law enforcement partners and state workforce agencies to aggressively investigate these types of allegations.”
The indictment alleges that from about November 2020 to September 2021, Todd Ward, Christopher Ward, Resciniti and a fourth defendant conspired to submit fraudulent unemployment insurance applications in the names of other people by passing along personally identifiable information of at least 13 individuals to NYSDOL employee Carl J. DiVeglia III. DiVeglia then abused his NYSDOL computer systems access to submit and approve fraudulent unemployment benefits applications and to release benefits payments on those false claims. According to the indictment, the defendants each received a share of the benefits paid out by NYSDOL. The charges in the indictment are merely accusations. The defendants are presumed innocent unless and until proven guilty.
Todd Ward, Christopher Ward, and Resciniti appeared today before United States Magistrate Judge Daniel J. Stewart and were released with conditions. A fourth defendant has yet to be arrested.
The defendants are charged with mail fraud and conspiracy to commit mail fraud. These charges carry a maximum term of 20 years in prison, a fine of up to $250,000, and a term of supervised release of up to 3 years. A defendant’s sentence is imposed by a judge based on the particular statute the defendant is charged with violating, the U.S. Sentencing Guidelines and other factors.
DiVeglia pled guilty to mail fraud and aggravated identity theft charges before Chief United States District Judge Glenn T. Suddaby on April 13, 2022. DiVeglia admitted responsibility for over $1.6 million in losses to NYSDOL and to personally receiving approximately $225,000 in fraud proceeds.
The FBI and USDOL-OIG are investigating this case, with assistance from the NYSDOL Office of Special Investigations, and Assistant U.S. Attorneys Joseph S. Hartunian and Joshua R. Rosenthal are prosecuting this case.
On May 17, 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The Task Force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by, among other methods, augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the Department’s response to the pandemic, please visit https://www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline at 866-720-5721 or via the NCDF Web Complaint Form at: https://www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
Former Union Officer Sentenced to 140 Months in Prison for Conspiracy, Wire Fraud, and EmbezzlementRead the Press Release
HONOLULU – Brian Ahakuelo (age 61) was sentenced today in federal court by Senior United States District Judge Helen Gillmor to 140 months imprisonment and three years of supervised release for conspiracy, wire fraud, and embezzlement for crimes committed while he was employed by the International Brotherhood of Electrical Workers (“IBEW”) Local 1260 and ordered to pay restitution in the amount of $209,391.72. A federal trial jury found Ahakuelo and his wife, Marilyn Ahakuelo (age 59), guilty of those crimes after a four-week trial on November 21, 2022. Brian Ahakuelo has been detained in custody since the jury verdict.
Brian Ahakuelo and Marilyn Ahakuelo were both convicted of one count of conspiracy and 42 counts of wire fraud, and also convicted of embezzlement of a labor union asset (six counts and three counts, respectively). Brian Ahakuelo alone was convicted of 19 counts of money laundering. Judge Gillmor previously sentenced Marilyn Ahakuelo to 70 months in prison for her convictions.
At trial, the evidence showed that Brian Ahakuelo, who served as IBEW’s Business Manager and Financial Secretary, hired family members at high salaries and authorized the use of union funds for personal purposes, including extravagant travel for himself and those loyal to him. In the case of one family member hired by Brian Ahakuelo, little legitimate work was performed. The evidence at trial also showed that Brian and Marilyn Ahakuelo used union funds to purchase personal trips to the mainland, and that Brian Ahakuelo engaged in self-dealing by using union funds to purchase a truck already owned by Marilyn Ahakuelo while allowing her to continue to use it. When his activities largely depleted the union’s coffers, Brian Ahakuelo, with the help of Marilyn Ahakuelo and other union employees, rigged a vote on a resolution to increase membership dues. The voter fraud caused members to pay an additional $3.7 million in dues over approximately eighteen months.
“Labor leaders have a fiduciary duty to their members, and in this case, the jury returned its verdict after hearing extensive testimony and reviewing voluminous documentary evidence of Brian and Marilyn Ahakuelo’s criminal violation of that duty,” said United States Attorney Clare E. Connors. “Our office will continue to work with our law enforcement partners to ensure criminal consequences in a court of law when this type of misconduct occurs.”
“Former Vice President Hubert Humphrey once said, ‘America is a living testimonial to what free men and women, organized in free democratic trade unions, can do to make a better life.’ Unfortunately, Brian and Marilyn Ahakuelo used their union to better their own lives, causing immense harm to all their fellow union members,” said Special Agent in Charge Adam Jobes, IRS Criminal Investigation (IRS-CI), Seattle Field Office. “Let today’s sentence be a cautionary tale to other would-be fraudsters that IRS-CI is committed to bringing criminals like the Ahakuelos to justice.”
“Brian Ahakuelo betrayed the trust of the union membership to protect and safeguard their union’s funds for the benefit of its members. The Office of Labor-Management Standards will continue to protect unions by bringing to justice, and seeking restitution from, any official who chooses to use union funds for their own benefit,” said Ed Oquendo, District Director, Los Angeles District Office, U.S. Department of Labor, Office of Labor-Management Standards.
“Brian Ahakuelo betrayed the hardworking union members of the IBEW Local 1260,” said Hawai`i Attorney General Anne Lopez. “This case demonstrates the commitment of the Hawai`i Department of the Attorney General to collaborate with our federal partners in investigating and prosecuting those who abuse their positions of trust in this state. I extend profound gratitude to the U.S. Attorney’s Office, the Internal Revenue Service, and the U.S. Department of Labor for their outstanding work on this case.”
This conviction is the result of an investigation conducted by the Internal Revenue Service-CI, Department of Labor – Office of Labor Management Standards, and State of Hawaii Attorney General’s Office. Assistant U.S. Attorneys Michael F. Albanese and W. KeAupuni Akina prosecuted the case.
Former Newark Restaurant Owner Admits Failing to Collect and Pay Payroll TaxesRead the Press Release
CAMDEN, N.J. – An Essex County man admitted failing to withhold and pay over payroll taxes stemming from his ownership of two formerly prominent Newark restaurants, U.S. Attorney Philip R. Sellinger announced.
Jorge Fernandes, 76, of West Orange, New Jersey pleaded guilty before U.S. District Judge Christine P. O’Hearn to an information charging him with two counts of failing to collect payroll taxes for the tax period of 2016 through 2017.
According to documents filed in this case and statements made in court:
Fernandes was the 50-percent owner of two restaurants in the Ironbound section of Newark, Iberia Tavern and Iberia Peninsula. Fernandes was fully aware of his legal obligation to collect payroll taxes from the restaurants’ employees, but instead paid a number of the employees “off the books,” or “under the table,” failing to collect any payroll taxes from them. Fernandes’ conduct caused the government a total tax loss of $715,780 for tax years 2016 through 2017.
The failing to collect payroll taxes charges to which Fernandes pleaded guilty each carry a maximum penalty of five years in prison and a $10,000 fine. Sentencing is scheduled for Nov. 20, 2023.
U.S. Attorney Sellinger credited special agents of the IRS - Criminal Investigation under the direction of Special Agent in Charge Tammy Tomlins, and special agents with the U.S. Department of Labor, Office of the Inspector General, Northeast Region, under the direction of Special Agent in Charge Jonathan Mellone, with the investigation leading to the guilty plea.
The government is represented by Assistant U.S. Attorney Shawn Barnes, Chief of the OCDETF/Narcotics Unit in Newark.
fernandes.information.pdfFormer LASD Deputy Agrees to Plead Guilty to Conspiring to Violate the Civil Rights of Skateboarder Who Was Falsely ImprisonedRead the Press Release
LOS ANGELES – A former Los Angeles County Sheriff’s Department deputy has agreed to plead guilty to a felony charge of conspiring to violate the civil rights of a 23-year-old man at a Compton skatepark by falsely imprisoning him and to then obstruct justice to cover up the illegal detention, the Justice Department announced today.
Christopher Blair Hernandez, 37, who was a sheriff’s deputy formerly assigned to LASD’s Compton Station, agreed to plead guilty to one count of conspiracy, according to a plea agreement filed today in United States District Court.
Hernandez is expected to formally plead guilty to the felony charge in the coming weeks.
According to his plea agreement, on the afternoon of April 13, 2020, Hernandez and this then-partner, former LASD deputy Miguel Angel Vega, were in uniform and on patrol in an LASD sports utility vehicle in the area near Wilson Park in Compton as part of their official duties at LASD. While on patrol, Hernandez and Vega saw two young Black males, one of whom Hernandez believed was on probation, outside a skateboard park enclosed by a tall fence within Wilson Park. Vega parked the SUV on the grass near the skatepark, after which Hernandez and Vega got out of the SUV and approached the individuals, whom they ordered to lift their shirts.
At this point, the victim – who is identified in court documents as “J.A.” – from inside the enclosed skatepark, began yelling at Hernandez and Vega to leave the Black males alone. J.A. did not threaten Vega or Hernandez or any of the other approximately 10 to 15 people inside the skatepark, who likewise did not pose any danger to Vega or Hernandez. Vega and J.A. then got into an argument during which Vega challenged J.A. to a fight, according to the plea agreement.
Vega then grabbed and pulled J.A. through an opening in the skatepark fence and confined J.A. in the back of the SUV as Hernandez looked on, the plea agreement states. During this incident, although Hernandez and Vega had ample time to do so, J.A. was not handcuffed, his seatbelt was not secured, he never was told he was under arrest, nor was he informed of his rights at any time. According to the plea agreement, Hernandez knew that Hernandez and Vega did not have any lawful basis to detain J.A., particularly after Vega had challenged J.A. to a fight.
After leaving the park, Vega, who was still driving the SUV with Hernandez in the front passenger seat and J.A. confined in the backseat, again challenged J.A. to a fight and taunted J.A. that the deputies were going to “set up” J.A., or words to that effect, and drop J.A. in gang territory, the plea agreement states. Hernandez added that Hernandez would beat up J.A. if they fought, according to the plea agreement. In addition, Vega made statements to J.A. suggesting to Hernandez that the two deputies were going to fabricate and falsely allege that J.A. exhibited symptoms of being under the influence of a stimulant as a pretext to justify their false imprisonment of J.A. Even though he did not believe that J.A. was under the influence of a stimulant, Hernandez did not take any steps to release J.A., challenge Vega’s actions, or alert a supervisor about what had occurred and was occurring.
While Vega and Hernandez continued driving with J.A. still confined in the back of the SUV, Vega began pursuing a group of young males on bicycles, one of whom appeared to grab his waistband and began riding away down an alley. Hernandez got out of the SUV to attempt to capture the bicyclist on foot, and Vega drove the SUV down the alley, where Vega crashed into a wall and another vehicle, causing J.A. to hit his face and head and sustain a cut above his right eye that later required stiches, court documents state. Following the collision, Vega removed J.A. from the patrol vehicle and told him to leave, informing Hernandez, who responded on foot to the alley shortly thereafter, that he had done so. After J.A. was released by Vega following the collision, J.A. walked out of the alley and tried to get help from strangers at a nearby house.
After the traffic collision, Vega reported over LASD radio that a person purportedly with a gun, whom Vega described as wearing clothes similar to J.A.’s clothing that day, had fled through an alley, which prompted numerous LASD personnel to respond to the scene to set up a containment zone. Even though Vega also reported the traffic collision over LASD radio, neither Vega during the radio calls, nor Vega or Hernandez during a subsequent conversation with their supervising sergeant at the scene, initially disclosed that they had detained J.A. at the skatepark or that J.A. had been in the SUV during the collision in the alley, Hernandez admitted in the plea agreement.
It was only after Vega learned that J.A. had been independently detained on a neighboring street by another LASD deputy as the purported gun suspect that Vega informed other deputies and his supervising sergeant that J.A. had been in the SUV during the crash. While J.A. was at a hospital later in the day to receive treatment for the injuries he sustained from the collision, Hernandez spoke with another deputy who had escorted J.A. to the hospital. Consistent with the plan suggested and articulated by Vega earlier in the day, Hernandez directed the deputy at the hospital to issue J.A. a citation for being under the influence of methamphetamine, even though Hernandez knew this to be false, according to the plea agreement. The deputy followed Hernandez’s direction and issued the citation.
Hernandez and Vega authored two incident reports regarding the day’s events. Hernandez and Vega intentionally included false, misleading, and ambiguous information in the reports to justify and legitimize, and ultimately cover up, their unlawful conduct, Hernandez admitted in the plea agreement. The first report falsely stated that J.A. appeared to be under the influence of a stimulant; that J.A. had threatened to harm people in the skatepark, as well as Vega and Hernandez; that a crowd of people were moving toward the LASD patrol vehicle as the defendants drove away after unlawfully detaining J.A; and that, following the crash in the alley, Vega checked J.A. for injuries and J.A. was placed in another patrol vehicle of an assisting LASD unit until paramedics arrived. The second report likewise falsely stated that Vega transferred J.A. to another patrol vehicle after the collision, which both Hernandez and Vega knew to be false, according to the plea agreement.
Vega has pleaded not guilty to a five-count indictment charging him with conspiracy, deprivation of rights under color of law, witness tampering, and two counts of falsification of records. His trial is scheduled for October 24.
An indictment contains allegations that a defendant has committed a crime. Every defendant is presumed to be innocent until and unless proven guilty in court.
The FBI is conducting the investigation into this matter. The LASD’s Internal Criminal Investigations Bureau and Internal Affairs Bureau provided substantial assistance.
Assistant United States Attorneys J. Jamari Buxton and Brian R. Faerstein of the Public Corruption and Civil Rights Section are prosecuting this case.
Former Homeless Center Employee Admits Stealing More Than $70,000 in Government Checks Intended for UnhousedRead the Press Release
NEWS RELEASE SUMMARY – July 20, 2023
SAN DIEGO – Charisse Elaine Alexander pleaded guilty in federal court today to Conspiracy to Commit Wire Fraud, admitting that she stole 66 government-issued checks intended for unhoused individuals while working at the San Diego (Neil Good) Day Center for Homeless Adults.
According to her plea agreement, Alexander was employed at the San Diego (Neil Good) Day Center in April 2021 when she and her then-boyfriend devised a scheme to steal government checks sent to unhoused individuals receiving their mail at the Center. Alexander exploited her access to the mailroom to steal mail containing checks sent by the Social Security Administration, Department of Veterans Affairs, Internal Revenue Service, and State of California. At least 56 individuals, most unhoused and of extremely limited financial means, had checks stolen by Alexander between April 2021 and January 2023.
Alexander, 55, admitted that she would steal the checks from the Center’s mailroom, divide them with her then-boyfriend, and that they would forge the signature of the intended recipient and deposit the check into their respective bank accounts. The money was eventually withdrawn at ATM locations in California and Nevada, many inside or near casinos. In total, Alexander agreed that she and her co-conspirator received at least $73,466.43 in stolen government money as a result of their fraud conspiracy.
Under the terms of her plea agreement, Alexander has agreed to make full restitution for the money stolen by both her and her co-conspirator.
“This crime victimized dozens of individuals, many of whom may not know that they had their checks stolen,” said U.S. Attorney Randy Grossman. “This defendant exploited a position of trust and caused financial hardship to those least able to go without their retirement benefits, veteran’s pensions, tax returns, and public aid.” Grossman thanked the prosecution team and the Social Security Administration Office of the Inspector General for discovering and investigating this crime.
“Ms. Alexander preyed upon a vulnerable community and her criminal actions deprived them of their vital Social Security benefits,” said Gail S. Ennis, Inspector General for the Social Security Administration. “My office will continue to investigate those who conspire to steal the Social Security benefits of others for their own gain. I thank the U.S. Attorney’s Office and Special Assistant U.S. Attorney Jeffrey D. Hill for their work in prosecuting this case.”
Alexander was released on bail pending her sentencing hearing, which is scheduled before U.S. District Judge Barry Ted Moskowitz on October 12, 2023, at 1 p.m.
If you or someone you know were receiving mail at the San Diego (Neil Good) Day Center for Homeless Adults between 2020 and 2023, and believe that mail may have been stolen, please contact the United States Attorney’s Office at the number listed above, or the Social Security Fraud Hotline at (800) 269-0271.
DEFENDANT Case Number 23cr1460-BTM
Charisse Elaine Alexander Age: 55 San Diego, CA
SUMMARY OF CHARGES
Conspiracy to Commit Wire Fraud – Title 18, U.S.C., Section 1349
Maximum penalty: Twenty years in prison and $250,000 fine
AGENCIES
Social Security Administration – Office of the Inspector General
Former High School Dean Convicted of 2010 MurderRead the Press Release
Damian Williams, the United States Attorney for the Southern District of New York, announced that ISRAEL GARCIA, a/k/a “Shorty Rock,” the former leader of the Get Money Gunnaz set of the Young Gunnaz street gang (the “GMG YGz”), was found guilty at trial of the October 11, 2010, murder of Alfonso “Joey” McClinton in aid of racketeering. GARCIA shot and killed McClinton on a residential street in the Bronx, New York, as part of a dispute over narcotics trafficking territory. GARCIA was also convicted of engaging in a conspiracy to distribute narcotics, murder while engaged in a narcotics conspiracy, murder through the use of a firearm, possessing firearms in connection with narcotics trafficking, and attempted witness tampering. The verdict followed a seven-day trial before U.S. District Judge Jed S. Rakoff.
U.S. Attorney Damian Williams said: “On October 11, 2010, Israel Garcia shot and killed 21-year-old Alfonso ‘Joey’ McClinton on a residential street in the Bronx. Garcia was the leader of the violent street gang known as the GMG YGz, which had been warring with Joey McClinton’s family over drug territory in the Bronx. Garcia used this horrific murder to maintain his leadership role in the GMG YGz and solidify his hold over the GMG YGz drug-selling territory. For the next decade, Garcia led the GMG YGz’s reign of terror over the neighborhood, recruiting children and others into a drug trafficking enterprise that poisoned the community with crack cocaine, heroin, and fentanyl, and protecting his drug turf with firearms and violence. Over time, Garcia attempted to create the façade of a law-abiding citizen, becoming the dean of a local high school in order to mask that he was still running the GMG YGz’s violence and drug trafficking. Yesterday, a unanimous jury held Garcia accountable for his brutal killing of Joey McClinton and for ruining countless other lives.”
According to court filings and the evidence presented in court during trial:
For more than a decade, the defendant controlled the sale of narcotics in the vicinity of East 184th Street and Morris Avenue in the Bronx as the leader of the GMG YGz. As part of their narcotics operation, GMG YGz members carried firearms and engaged in back-and-forth shootings with neighboring, rival crews. This violence resulted in, among other acts, the 2010 murder of Alfonso “Joey” McClinton. The State of New York arrested and prosecuted GMG YGz member Joseph (“Juice”) Johnson for the killing.[1] Ballistics, video evidence, and eyewitness testimony, however, revealed that there was a second shooter involved in McClinton’s murder. GARCIA was that second shooter. When GARCIA became concerned that Johnson might cooperate with law enforcement, GARCIA took steps to prevent Johnson from identifying GARCIA as the person with whom he committed the murder.
* * *
GARCIA, 32, of the Bronx, New York, was convicted of (i) murder in aid of racketeering, which carries a mandatory minimum sentence of life in prison and a maximum sentence of death or life in prison; (ii) narcotics conspiracy, which carries a mandatory minimum sentence of 10 years in prison and a maximum sentence of life in prison; (iii) murder while engaged in a narcotics conspiracy, which carries a mandatory minimum sentence of 20 years in prison and a maximum sentence of death or life in prison; (iv) murder through the use of a firearm, which carries a mandatory minimum sentence of five years in prison and a maximum sentence of death or life in prison; (v) firearms use, carrying, and possession in connection with a drug trafficking crime, which carries a mandatory minimum sentence of five years in prison, which must be served consecutively to any other sentence imposed, and a maximum sentence of life in prison; and (vi) attempted witness tampering, which carries a maximum sentence of 20 years in prison.
The minimum and maximum potential sentences are prescribed by Congress and are provided here for informational purposes only, as any sentencing of the defendant will be determined by a judge.
Mr. Williams praised the investigative work of the Drug Enforcement Administration; the New York City Police Department; the Department of Homeland Security, Homeland Security Investigations; and the U.S. Marshals Service. This prosecution is part of an Organized Crime Drug Enforcement Task Forces (“OCDETF”) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using a prosecutor-led, intelligence-driven, multi-agency approach. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
This case is being handled by the Office’s Narcotics Unit. Assistant U.S. Attorneys Jacob Gutwillig, Maggie Lynaugh, and Jonathan Bodansky, with the assistance of Paralegal Specialist Owen Foley, are in charge of the prosecution.
[1] Johnson was convicted at trial of second-degree murder in The People of the State of New York v. Joseph Johnson, Index Number 4311/2010. On February 3, 2022, the verdict against Johnson was vacated. Johnson subsequently pled guilty to manslaughter and is serving a 17-year sentence.
Former Employee of Medical Device Manufacturer Pleads Guilty to Forging Two FDA Clearance Letters for Medical DevicesRead the Press Release
A Philadelphia-area man pleaded guilty today for his role in distributing medical devices without U.S. Food and Drug Administration (FDA) clearance, the Department of Justice announced.
Peter Stoll III, 34, pleaded guilty to one felony count of violating the Federal Food, Drug, and Cosmetic Act (FDCA) by causing the introduction of misbranded and adulterated medical devices into interstate commerce, in violation of 21 United States Code, Section 331(a) and 331(a)(2).
According to court documents, Stoll was a regulatory affairs specialist at a medical device manufacturer located in the Eastern District of Pennsylvania and was responsible for making submissions to the FDA that were required before the company could sell its medical devices. In pleading guilty, Stoll admitted that in 2017 he created two false letters that purported to show that FDA had granted clearance to sell two different medical devices. As a result, the company illegally sold tens of thousands of dollars’ worth of medical devices throughout the United States.
Stoll was responsible for shepherding two of the company’s devices through the FDA’s 510(k) clearance process: the ELAN-4 Air Drill, a high-speed surgical drill used for bone cutting, sawing, and drilling, and the JS Series SterilContainer S2, a reusable sterilization container for medical instruments. Stoll admitted that he never submitted any 510(k) documents to FDA regarding either device. Instead, Stoll created a fraudulent letter using FDA letterhead and bearing the forged digital signature of an FDA official that falsely stated that FDA had cleared the ELAN-4 Air to be marketed. Stoll later created another, similarly fraudulent letter on FDA letterhead for the SterilContainer JS Series medical device.
“Subverting the FDA clearance process for medical devices can put patients’ lives at risk,” said Principal Deputy Assistant Attorney General Brian M. Boynton, head of the Justice Department’s Civil Division. “The Department of Justice will work with its law enforcement partners to prosecute anyone who ignores their obligations regarding consumer safety.”
“FDA must be notified and given the opportunity to clear certain medical devices before they are distributed into interstate commerce,” said Assistant Commissioner for Criminal Investigations Justin D. Green of the FDA. “Not obtaining this required clearance is bad enough, but impersonating FDA to cover up this failure is truly egregious and puts patients at risk. The FDA’s Office of Criminal Investigations (OCI) protects the American public by aggressively investigating allegations involving FDA-regulated products and violations of the FDCA. In this case, OCI worked with the Justice Department to ensure a just resolution, and we applaud the exceptional work done by the team.”
Stoll pleaded guilty before U.S. District Judge Edward G. Smith. He is scheduled to be sentenced on Nov. 7. He faces a maximum penalty of three years’ in prison, a one-year period of supervised release, a $250,000 fine and $100 special assessment.
FDA’s Office of Criminal Investigations investigated the case.
Trial Attorney Max J. Goldman and Assistant Director Ross S. Goldstein of the Justice Department’s Consumer Protection Branch and Assistant U.S. Attorney M. Beth Leahy for the Eastern District of Pennsylvania prosecuted the case.
Additional information about the Consumer Protection Branch and its enforcement efforts may be found at www.justice.gov/civil/consumer-protection-branch.
Former Correctional Officer Indicted for Wire Fraud and Aggravated Identity TheftRead the Press Release
Ocala, Florida –United States Attorney Roger B. Handberg announces the return of an indictment charging Katrina Denise McCoy (40, Minneola) with fourteen counts of wire fraud and one count of aggravated identity theft. If convicted, faces a maximum sentence of 20 years in federal prison for each count of wire fraud and a two-year minimum mandatory prison sentence for the aggravated identity theft offense. The indictment also provides for forfeiture of at least $39,570, representing the proceeds of the offenses.
According to evidence presented in court, between March 27, 2019, and February 23, 2021, and while employed as a correctional officer with the Federal Bureau of Prisons, McCoy created a scheme to defraud by making false representations on disability claims and submitting fictitious documentation in support of those claims. She also used a means of identification of two people to effectuate her scheme. As a result, she caused fourteen wire transfers into her bank account totaling $39,570.
An indictment is merely an allegation that a defendant has committed a federal criminal offense. Every defendant is presumed innocent unless, and until, proven guilty.
This case is being investigated by the Florida Department of Financial Services Division of Investigative and Forensic Services, Bureau of Insurance Fraud and the Department of Justice Office of the Inspector General. It is being prosecuted by Assistant United States Attorney Hannah Nowalk.
Final Defendant Pleads Guilty in Violent Carjacking Conspiracy Targeting Uber and Lyft DriversRead the Press Release
ST. PAUL, Minn. – A Minneapolis man has pleaded guilty to his role in a violent carjacking ring that targeted Uber and Lyft drivers, announced U.S. Attorney Andrew M. Luger.
According to court documents, between September and October 2021, Eric Harrell Knight, 20, along with others, engaged in a series of violent carjackings and armed robberies, targeting Uber and Lyft drivers. As part of the scheme, members of the conspiracy lured victim-drivers to particular locations under the guise of picking up or dropping off passengers. When the victim-drivers arrived, members of the conspiracy brandished firearms and demanded the cell phones and wallets of the victim-drivers. Members of the conspiracy forced the victim-drivers at gunpoint to unlock their cell phones and provide passcodes. The conspiracy members then transferred money, via Cash App or other applications, from the accounts of the victim-drivers to the accounts of members of the conspiracy. Members of the conspiracy then carjacked the victim-drivers at gunpoint. To intimidate and force compliance, members of the conspiracy struck, pistol whipped, and threatened to kill the victim-drivers.
Knight pleaded guilty yesterday in U.S. District Court before Judge Katherine M. Menendez to one count of conspiracy to use, carry, and brandish firearms during and in relation to crimes of violence. A sentencing hearing will be scheduled at a later time.
This case is the result of an investigation conducted by the FBI and the Minneapolis Police Department.
U.S. Attorney Andrew M. Luger and Assistant U.S. Attorney Thomas Calhoun-Lopez are prosecuting the case.
Fentanyl Trafficking Ring Operator Sentenced to 12 Years in Prison for Firearms Violations and Drug DistributionRead the Press Release
MINNEAPOLIS – A Minneapolis man has been sentenced to 144 months in prison followed by five years of supervised release for fentanyl trafficking and illegal possession of a firearm, announced United States Attorney Andrew M. Luger.
“Fentanyl is a uniquely dangerous drug, making it the leading cause of death for Americans between 18 and 45,” said U.S. Attorney Andrew Luger. “Fentanyl traffickers who carry firearms to protect their deadly trade can expect to face lengthy federal prison sentences.”
According to court documents, in 2021 and 2022, Jimmie Bivins Jr., 22, and his co-conspirators were part of a drug trafficking ring that obtained “M30” or “MBox” fentanyl pills from a source of supply outside of Minnesota and transported and distributed the pills across the Twin Cities region. Bivins regularly distributed the fentanyl pills in quantities ranging from 100 to 1,000 or more at a time. On one occasion, Bivins sold 2,030 pills to an undercover informant during a transaction that occurred in Bivins’ Uptown apartment.
According to court documents, during the course of the investigation, law enforcement conducted a seizure operation in March 2022 and obtained approximately 57,000 M30 fentanyl pills, more than $83,000 in U.S. currency, and multiple firearms from Bivins, including a Seekings Precision Model SP223 semi-automatic rifle from Bivins’s vehicle. He was arrested, charged in Hennepin County Court, and obtained release on bail.
Afterward, in July 2022, law enforcement encountered Bivins during a traffic stop and ultimately recovered a Glock model 45 9mm semiautomatic pistol from under Bivins’ driver’s seat. The firearm was loaded with an extended magazine which contained 28 rounds of ammunition. The Grand Jury indicted Bivins in July 2022.
Because Bivins has prior felony convictions, he is prohibited under federal law from possessing firearms or ammunition at any time.
On December 19, 2022, Bivins pleaded guilty to one count of conspiracy to distribute fentanyl and one count of possession of a firearm as a felon. He was sentenced on July 18, 2023, before Senior Judge Michael J. Davis.
This case is the result of an investigation conducted by the Drug Enforcement Administration, the Hennepin County Sheriff’s Office, the Southwest Hennepin Drug Task Force, the Dakota County Drug Task Force, the Fridley Police Department, and the St. Paul Police Department.
Assistant U.S. Attorney Allen A. Slaughter Jr. prosecuted the case.
Federal Search Warrants ExecutedRead the Press Release
DES MOINES, Iowa -- On Thursday, July 20, 2023, federal search warrants were executed at the following locations in the Des Moines metropolitan area:
• 900 block of Creston Avenue, Des Moines,
• 1200 block of 23rd Street, Des Moines,
• 200 block of East Caulder Circle, Des Moines,
• 400 block of East Thornton Avenue, Des Moines,
• 2500 block of East Sheridan Avenue, Des Moines,
• 1500 block of South 50th Street, West Des Moines,
• 9000 block of Burkwood Drive, West Des Moines, and
• 15000 block of Boston Parkway, Clive.
The searches at these locations were an official law enforcement action involving officers, agents, and investigators from Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF), Des Moines Police Department, United States Postal Inspection Service, Iowa Division of Narcotics Enforcement (DNE), Iowa State Patrol, Iowa Division of Intelligence and Fusion Center, Iowa State Patrol SWAT, United States Marshals Service, Clive Police Department, West Des Moines Police Department, Ames Police Department, Altoona Police Department, Mid-Iowa Narcotics Task Force, Polk County Sheriff’s Office, Suburban Emergency Response Team (SERT), and Metro Special Tactics and Response (STAR).Federal Jury Convicts Pensacola Armed Fentanyl TraffickerRead the Press Release
PENSACOLA, FLORIDA – Marcus D. Flintroy, 32, of Pensacola, Florida, was found guilty by a federal jury Wednesday afternoon on two counts of distribution of fentanyl, possession with intent to distribute fentanyl, possession of a firearm in furtherance of a drug trafficking offense, and possession of a firearm by a convicted felon. The guilty verdict was announced by Jason R. Coody, United States Attorney for the Northern District of Florida.
Between December 8, 2022, and January 5, 2023, Flintroy distributed and possessed with intent to distribute approximately 200 grams of fentanyl in Pensacola. As revealed at trial, this was an extremely large amount of a lethal controlled substance. The evidence against Flintroy culminated with a traffic stop conducted by law enforcement, which Flintroy tried to evade by ramming his vehicle into multiple undercover law enforcement vehicles. Flintroy then ran on foot when his vehicle became disabled, but he was caught by law enforcement officers. In his vehicle, law enforcement located approximately 100 grams of fentanyl, numerous items of drug paraphernalia, a loaded assault rifle, a loaded pistol, and over 180 rounds of ammunition.
Flintroy has prior state felony convictions for offenses ranging from fleeing and eluding law enforcement, aggravated assault with a firearm, possession of a firearm by a convicted felon, grand theft auto, and sell, manufacture, deliver, or possess with intent to sell, manufacture, or deliver a controlled substance. Flintroy had just been released from state prison in late 2021 before engaging in the new federal offenses.
Sentencing in the case is set for October 19, 2023, at 9:00 a.m., at the United States Courthouse in Pensacola before United States District Judge M. Casey Rodgers. Based on his prior criminal history, Flintroy faces a minimum mandatory sentence of 10 years in federal prison with a maximum of up to life imprisonment.
This case resulted from a joint investigation by the Drug Enforcement Administration, the Escambia County Sheriff’s Office, the Florida Highway Patrol, the Pensacola Police Department, and the Bureau of Alcohol, Tobacco, Firearms & Explosives. Assistant United States Attorneys David L. Goldberg and Jessica S. Etherton prosecuted the case.
This effort is part of an Organized Crime Drug Enforcement Task Force (OCDETF) operation. OCDETF identifies, disrupts, and dismantles the highest-level criminal organizations that threaten the United States using intelligence-driven, multi-agency approach that leverages the strengths of federal, state, and local law enforcement agencies against criminal networks. Additional information about the OCDETF Program can be found at https://www.justice.gov/OCDETF.
The United States Attorney’s Office for the Northern District of Florida is one of 94 offices that serve as the nation’s principal litigators under the direction of the Attorney General. To access available public court documents online, please visit the U.S. District Court for the Northern District of Florida website. For more information about the United States Attorney’s Office, Northern District of Florida, visit http://www.justice.gov/usao/fln/index.html.
Federal Grand Jury Indicts 27 Individuals for Roles in a Fraudulent Scheme to Obtain COVID-19 Relief FundsRead the Press Release
SAN JUAN, Puerto Rico – W. Stephen Muldrow, U.S. Attorney for the District of Puerto Rico, announced the indictment of 27 individuals for their participation in a scheme to illegally obtain federal recovery funds under the Coronavirus Aid, Relief, and Economic Security (CARES) Act. The Grand Jury charged the defendants with multiple counts of wire fraud and money laundering. The charging documents allege that from April 2020 through July 2023, the defendants and their co-conspirators caused the submission of at least 23 Economic Injury Disaster Loan (EIDL) and Paycheck Protection Program (PPP) loan applications seeking the illegal disbursement of at least $458,923 in federal recovery funds from the U.S. Small Business Administration (SBA) and Bank 1.
“This is the third round of defendants charged since April 2023 relating to this fraud scheme, and the investigation remains ongoing,” said U.S. Attorney Muldrow. “The EIDL and PPP loans were supposed to benefit those whose legitimate businesses were suffering from losses due to the COVID-19 pandemic. Prosecution of those who illegally obtain government benefits will continue to be a priority for our office.”
The United States Secret Service, the Small Business Administration Office of the Inspector General, the Treasury Inspector General for Tax Administration, and the Internal Revenue Service Criminal Investigations conducted the investigation with the collaboration of the Puerto Rico Treasury Department, the Puerto Rico Bureau of Special Investigations, the Puerto Rico Police Bureau, and the Guaynabo Municipal Police.
According to court documents, defendant Brian Oniel Blassini, together with Manfred A. Pentzke Lemus, a.k.a. “Man/Contable/El Gestor”, Rodolpho R. Pagesy Roussel, a.k.a. “El Banquero”, Augusto A. Lemus Berrios, a.k.a. “Primo”, Jonatan Ben David Prieto Ruiz De Val, a.k.a. “Johnny Millones”, Ligia María Lemus De Pentzke, and others knowingly devised a scheme to defraud the SBA and Bank 1 to obtain federal money and property by means of materially false and fraudulent pretenses, representations, and promises submitted through applications for EIDL and PPP loans made available to help small businesses recover from the impact of the pandemic through the CARES Act. Pentzke Lemus, Pagesy Roussel, Lemus Berrios, Prieto Ruiz De Val, and Lemus De Pentzke were previously charged in April in a separate indictment.
The defendants are:
[1] Brian Oniel Blassini
[2] Denise Marie Torres Polonio
[3] Rosario Polonio Báez
[4] Isaac Adorno Polonio
[5] Luis Manuel González Blassini
[6] Carlos J. Negrón Flores
[7] Christopher Molina Chévere
[8] Edgar R. Rodríguez Torres
[9] Giovanni Hernández Collazo
[10] Ismael Ramírez Zayas
[11] Jancarlo Morales
[12] Julio Vera De Jesús
[13] Kiara Lee Sierra Bermúdez
[14] Luis Miguel Burgos Dávila
[15] Maximino Vera Rivera
[16] Michael Jovany Pagán Ruiz
[17] Nelson Yadiel Rodríguez Vega
[18] Roberto Argenis Fragoso Negrón
[19] Saúl L. Maldonado Acosta
[20] Homar Javier Horta Torres
[21] Carlos E. Nevárez Correa
[22] Elías Díaz Delgado
[23] Michelle Crespo Blanco
[24] Norberto Torres Colón
[25] Stephanie D. Ruiz Martínez
[26] Victor L. González Barbosa
[27] Yanhzee Puig Maisonet
The CARES Act authorized federal assistance through the issuance of SBA loans to small businesses and non-profit entities that experienced revenue loss due to the COVID-19 worldwide pandemic. The EIDL program was one such loan assistance program for small businesses. To procure the loan, applicants had to fill out an online application detailing operational information for the 12‑month period prior to the COVID-19 pandemic, such as the number of employees in the business, the gross business revenues realized, and the cost of goods sold. Another form of assistance provided by the CARES Act was the authorization of United States taxpayer funds in forgivable loans to small businesses for job retention and certain other expenses, such as interest on mortgages, rent and utilities, through the Paycheck Protection Program (PPP).
The indictment alleges that the defendants and their co-conspirators submitted at least 23 fraudulent EIDL and PPP loan applications containing materially false and fraudulent information and false documents, including false and fictitious tax documents, payroll records, bank records, and identification documents, to procure the disbursement of EIDL and PPP assistance loans by Bank 1. The indictment further alleges that the defendants and their co-conspirators directed the recipients of the fraudulently obtained PPP and EIDL loans to remit a portion of the proceeds of the loans to the defendants and their co-conspirators and used the loan proceeds to benefit themselves and others, and to pay for expenses prohibited under the requirements of the EIDL and PPP programs.
The court documents claim that defendant Manfred A. Pentzke Lemus was the principal organizer of the fraudulent scheme and the efforts to launder the proceeds; defendant Rodolpho R. Pagesy Roussel worked at Bank 1 in San Juan, Puerto Rico, and used his position to obtain the approval of fraudulent PPP applications; defendant Augusto A. Lemus Berríos assisted in the preparation of fraudulent PPP applications; defendant Jonatan Ben David Prieto Ruiz De Val acted as a money courier and coordinated the delivery of “kickback” payments to further the fraudulent scheme; defendant Ligia María Lemus De Pentzke received “kickback” payments from proceeds of the fraudulent scheme and forwarded them to her co‑conspirators; and defendant Carlos Manfredo Pentzke Chamorro received fraudulent PPP and EIDL loans in furtherance of the conspiracy.
Defendants Brian Oniel Blassini and Homar Javier Horta Torres are facing one count of conspiracy to commit money laundering, for knowingly conducting financial transactions involving the proceeds of wire fraud, together with other individuals previously indicted. The defendants, including Brian Oniel Blassini, are also alleged to have recruited other unindicted co-conspirators to not only obtain additional EIDL and PPP loans under false pretenses, but recruit others to submit fraudulent applications.
If convicted, the defendants are facing up to 30 years in prison for the wire fraud counts. Brian Oniel Blassini and Homar Javier Horta Torres are also facing up to 20 years of imprisonment for the money laundering count.
This case is being prosecuted by Assistant U.S. Attorneys Timothy R. Henwood and Daniel J. Olinghouse.
An indictment is merely an allegation and all defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
###
Federal Charges Brought Against Man Accused of Shooting at Hertford County Sheriff’s DeputyRead the Press Release
RALEIGH, N.C. – The United States Attorney’s Office filed a Criminal Complaint against Talametrius Kenyon Spruill, 41, of Ahoskie. Spruill is alleged to be a felon in possession of ammunition after he allegedly fired four shots at a Hertford County Sheriff’s Deputy who responded to a suspicious person call at 3 a.m. on July 16, 2023, in Ahoskie. Spruill is alleged to have fired four rounds at the deputy who was not struck and returned fire. Spruill managed to escape on foot and was arrested on the night of July 17, 2023, on state charges and remains in custody. If convicted, Spruill faces up to 180 months in prison for the federal charges.
This complaint is part of a sustained effort by local, state, and federal law enforcement to make Eastern North Carolina safer by using inter-agency coordination and federal cooperation to address violent crime and local gun violence.
“We stand by and support the law enforcement officers who put their lives on the line to keep our communities safe,” said U.S. Attorney Michael Easley. “Brazen attacks on those who protect and serve will not be tolerated. We will continue to use every tool available to keep our communities safe by addressing gun violence.”
Michael Easley, U.S. Attorney for the Eastern District of North Carolina made the announcement. The Hertford County Sheriff’s Office, Federal Bureau of Investigation, and the Bureau of Alcohol, Tobacco, Firearms and Explosives are investigating the case and Assistant U.S. Attorney Phil Aubart is prosecuting the case.
A Criminal Complaint is merely an accusation. The defendant is presumed innocent until proven guilty.
Essex County Man Charged with Bank RobberyRead the Press Release
NEWARK, N.J. – An Essex County, New Jersey, man was arrested and charged with bank robbery, U.S. Attorney Philip R. Sellinger announced today.
Sufyan A. Abdullah, 54, of Newark, is charged by complaint with two counts of bank robbery. He appeared on July 20, 2023, before U.S. Magistrate Judge James B. Clark III in Newark federal court and was detained.
According to documents filed in this case and statements made in court:
On July 8, 2023, Abdullah entered a bank in Elizabeth, New Jersey, and handed a note to a teller claiming to have multiple firearms and threatening a “mass shooting.” Abdullah fled the bank without obtaining any money. On July 15, 2023, Abdullah entered a bank in Springfield, New Jersey, and placed an object – which he claimed to be an explosive device – on the counter in front of a teller, demanding money and threatening to blow up the bank. The teller gave Abdullah cash, and Abdullah said he would blow up the bank if anyone followed him or he heard sirens. Law enforcement subsequently determined that the purported explosive device was an imitation explosive device.
The counts of bank robbery each carry a maximum penalty of 20 years in prison, and a fine of $250,000.
U.S. Attorney Sellinger credited special agents of the FBI, under the direction of Special Agent in Charge James E. Dennehy in Newark, with the investigation leading to the charges. He also thanked the Springfield Police Department, under the direction of Chief of Police John Cook, and the Elizabeth Police Department, under the direction of Police Chief Giacommo Sacca, for their assistance in the investigation.
The government is represented by Assistant U.S. Attorney Christopher Fell of the Narcotics/OCDETF Crimes Unit in Newark.
The charges and allegations contained in the complaint are merely accusations, and the defendant is presumed innocent unless and until proven guilty.
abdullah.complaint.pdfEl Prado Man Pleads Guilty to Charges in Wire Fraud and Money Laundering SchemeRead the Press Release
ALBUQUERQUE, N.M. – Alexander M.M. Uballez, United States Attorney for the District of New Mexico, the Department of the Interior (DOI) Office of Inspector General, and the Environmental Protection Agency (EPA) Office of Inspector General announced today that Jeffrey Ham pled guilty to conspiracy to commit wire fraud. Ham, 46, of El Prado, NM, will remain on conditions of release pending sentencing, which has not been scheduled.
According to the plea agreement and court documents, Ham owned Timberline Environmental, LLC, an environmental restoration company. . Ham’s co-defendant James Matison, 57, of Boulder, CO, worked as a Program Director at WildEarth Guardians, a not-for-profit organization whose goal is to protect and restore wildlife, natural resources, and ecosystems of the American west. WildEarth Guardians relies on funding primarily through grants that it receives either directly from federal agencies, such as the U.S. Environmental Protection Agency (EPA) and the U.S. Department of Interior (DOI), or indirectly via the State of New Mexico or other not-for-profit organizations. Between February 2015 and April 2019, Ham conspired with Matison to inflate hours billed to WildEarth Guardians by Timberline Environmental, LLC and to pass the excess funds to Matison. All told, Matison and Ham diverted more than $240,000 from WildEarth Guardians.
At sentencing, Ham faces up to 20 years in prison.
The Environmental Protection Agency Office of Inspector General and the Department of the Interior Office of Inspector General investigated this case which is being prosecuted by Assistant United States Attorney Jeremy Peña.
# # #
23-156
El Departamento de Justicia llega a un acuerdo con una compañía de contratación para resolver una acusación de discriminación en el empleo relacionada con la inmigraciónRead the Press Release
El Departamento de Justicia anunció hoy que ha llegado a un acuerdo conciliatorio con FM Talent Source LLC, una compañía de servicios de contratación radicada en Maryland. El acuerdo resuelve la determinación del Departamento que FM Talent vulneró la ley de Inmigración y Nacionalidad (INA, por sus siglas en inglés) cuando la compañía rescindió una oferta de trabajo a un no ciudadano de los EE. UU. y aplazó su eventual contratación debido a sospechas infundadas con base en su estatus de ciudadanía.
«Los empleadores no pueden basar sus decisiones en lo que se refiere a la contratación únicamente en presunciones o estereotipos sobre el estatus de ciudadanía de un postulante», declaró Kristen Clarke, la Fiscal General Auxiliar de la División de Derechos Civiles del Departamento de Justicia. «La División de Derechos Civiles hará cumplir con firmeza el mandato no discriminatorio de la ley de Inmigración y Nacionalidad con el fin de garantizar que se trate de manera justa a todo postulante de trabajo».
La investigación del Departamento comenzó cuando un residente permanente legal se quejó que FM Talent rescindió su oferta de trabajo para un puesto como contratista con el gobierno federal por motivos de su estatus de ciudadanía. El Departamento halló que FM Talent rescindió la oferta del postulante debido a sospechas infundadas de la compañía que el estatus del postulante como no ciudadano de los EE. UU. retrasaría el proceso de contratación. FM Talent renovó la oferta de trabajo del postulante después de que el Departamento inició su investigación, pero las acciones discriminatorias aplazaron la fecha de comienzo del trabajador. Conforme a la INA, los empleadores no pueden, en ningún punto durante el proceso de contratación, discriminar de manera ilícita, con base en el estatus migratorio o de ciudadanía o bien por la nacionalidad de origen.
Según los términos del acuerdo, FM Talent pagará una sanción civil a los Estados Unidos y pagos retroactivos al trabajador afectado. Por otra parte, FM Talent capacitará a su personal en cuanto a la disposición antidiscriminatoria de la INA, revisará sus políticas y procedimientos y se someterá a la supervisión del Departamento durante un período de tres años.
La Sección de Derechos de Inmigrantes y Empleados («IER», por sus siglas en inglés) de la División de Derechos Civiles es responsable de hacer cumplir la disposición antidiscriminatoria de la INA. La ley prohíbe la discriminación por motivos de estatus de ciudadanía y nacionalidad de origen en los procesos de contratación, despido o reclutamiento o recomendación por comisión, prácticas documentales injustas y represalias e intimidación.
Hay más información disponible en el sitio web de la IER sobre cómo los empleadores pueden evitar la discriminación en los procesos de contratación y reclutamiento. Aprenda más sobre cómo la IER protege los derechos de los trabajadores en este video. Para más información sobre protecciones en virtud de las leyes migratorias contra la discriminación por parte de empleadores, llame a la línea directa de la IER para trabajadores al 1-800-255-7688 (1-800-237-2515, TTY para personas con discapacidades auditivas); llame a la línea directa de la IER para empleadores al 1-800-255-8155 (1-800-237-2515, TTY para personas con discapacidades auditivas); inscríbase a un seminario en línea en vivo o vea una presentación a la carta; envíe un correo electrónico a [email protected]; o visite los sitios web de la IER en inglés y español. Inscríbase para recibir actualizaciones por correo electrónico de la IER.
Settlement AgreementEast Bay Resident Charged with Fraud in Alleged Quarter-Million Dollar Embezzlement SchemeRead the Press Release
SAN FRANCISCO – A federal grand jury has indicted Athena Harven, charging her with four counts of wire fraud in connection with an alleged scheme to embezzle more than a quarter of a million dollars from the now-defunct San Francisco non-profit organization where she formerly worked, announced United States Attorney Ismail J. Ramsey and United States Department of Housing and Urban Development (“HUD”) Office of the Inspector General (“OIG”) Special Agent in Charge Mark Kaminsky. Harven made her initial appearance in federal court this morning before U.S. Magistrate Judge Alex Tse to face the charges.
According to the indictment, Harven, 53, of Vallejo, Calif., was Director of Operations at a San Francisco-based non-profit organization that provided academic support and employment assistance to students in the Sunnydale and Visitacion Valley neighborhoods of San Francisco. The non-profit received funding from, among other sources, the City and County of San Francisco and HUD. As Director of Operations, Harven had access to, and control over, the non-profit’s finances. According to the indictment, for almost four years between April 2015 and December 2018, Harven engaged in a scheme to defraud the organization. Specifically, Harven allegedly wrote herself 119 checks on the non-profit’s bank account and prepared paperwork to suggest that the funds from many of those checks would be used to pay the non-profit’s payroll taxes; in fact, Harven allegedly deposited the checks into bank accounts she controlled and spent the funds to enrich herself, including to withdraw cash from ATMs; to pay for travel expenses, rent, utilities, and groceries; to shop online; to make purchases at various retail stores, restaurants, hotels, casinos, and gas stations; and to shore up the finances of—and to pay expenses associated with—a bakery that she owned and operated.
The indictment alleges that Harven took money earmarked to pay the non-profit’s payroll taxes and spent it instead at merchants including Victoria’s Secret, Forever 21, VIP Luggage & Leather, H&M, and Hollister. She also allegedly withdrew thousands of dollars in cash and allegedly used the funds to pay business rent for her bakery.
The indictment further alleges that Harven took several steps to conceal her fraud from the non-profit allowing the fraud to continue. For example, she allegedly altered the non-profit’s records to show the payee on many of the checks she wrote to herself was ADP, a payroll processing company that formerly worked with the non-profit; in fact, Harven was the payee on the checks. Further, Harven allegedly intercepted dozens of communications over several years from the state tax authorities to the non-profit regarding the organization’s unpaid payroll taxes, allowing her fraud to continue undetected. Additionally, Harven allegedly concocted a fake email, purportedly from an employee of the California Economic Development Department, to conceal her fraudulent scheme.
The indictment alleges that the non-profit and Harven failed to make any payroll tax payments to the federal or state tax authorities between April 2015 and December 2018 and that, as a result, the non-profit owed hundreds of thousands of dollars in unpaid taxes in December 2018, when the organization laid off its employees (including Harven), ceased its operations, and collapsed. Finally, the indictment alleges that “the amount of payroll taxes [the non-profit] failed to pay from 2015 through 2018 closely approximated the $256,771.84 Harven embezzled during that same time period.”
The indictment charges Harven with four counts of wire fraud, in violation of 18 U.S.C. § 1343.
Magistrate Judge Tse released Harven on a personal recognizance bond after this morning’s initial appearance. Harven’s next appearance in this case is scheduled for August 30, 2023, for a status hearing before the Honorable Charles R. Breyer, Senior United States District Judge.
An indictment merely alleges that crimes have been committed, and all defendants are presumed innocent until proven guilty beyond a reasonable doubt. If convicted, Harven faces a maximum sentence of 20 years’ imprisonment and a fine of twice the gross loss resulting from her criminal conduct. As part of any sentence, the court also may order Harven to serve up to three years of supervised release to begin after any term of imprisonment, and may impose additional assessments and restitution, if appropriate. However, any sentence following conviction would be imposed by the court after consideration of the U.S. Sentencing Guidelines and the federal statute governing the imposition of a sentence, 18 U.S.C. § 3553.
Assistant U.S. Attorney Nicholas Parker is prosecuting the case with assistance from Lance Libatique and Andy Ding. The prosecution is the result of an investigation by the United States Department of Housing and Urban Development - Office of Inspector General.
Dubuque Heroin and Cocaine Dealer SentencedRead the Press Release
A man who sold cocaine and heroin near Loras College in Dubuque, Iowa, was sentenced on July 19, 2023, to more than four years in federal prison.
Rashaun Carter, age 46, from Lynwood, Illinois, received the prison term after a November 23, 2022 guilty plea to one count of conspiracy to distribute heroin and cocaine within 1000 feet of Loras College.
At the guilty plea, Carter admitted he was involved in the distribution of heroin and cocaine out of a house located near the Loras College campus in Dubuque in 2017 and 2018. In January 2018, Dubuque Drug Task Force Officers stopped Carter and others as they returned from Chicago with over 300 grams of cocaine that was to be sold in Dubuque.
Carter was sentenced in Cedar Rapids by United States District Court Judge C.J. Williams. Carter was sentenced to 51 months’ imprisonment and must also serve a six-year term of supervised release after the prison term. There is no parole in the federal system.
Carter is being held in the United States Marshal’s custody until he can be transported to a federal prison.
The case was prosecuted by Assistant United States Attorney Patrick Reinert and was investigated as part of the Organized Crime Drug Enforcement Task Force (OCDETF) program of the United States Department of Justice through a cooperative effort of the Federal Bureau of Investigation, the Bureau of Alcohol, Tobacco, Firearms and Explosives, and the Dubuque Drug Task Force comprised of the Dubuque Police Department and the Dubuque County Sheriff’s Office.
Court file information at https://ecf.iand.uscourts.gov/cgi-bin/login.pl.
The case file number is 22-CR-01021.
Follow us on Twitter @USAO_NDIA.
Drug Dealers Who Dangerously Fled from Law Enforcement Prosecuted in Federal CourtRead the Press Release
POCATELLO and BOISE – Today, U.S. Attorney Josh Hurwit announced the progress in two cases in which two separate Idaho men dangerously fled from law enforcement to avoid investigation into their drug trafficking activities.
In the first case, Theodore Maynard Hamann, 40, of Pocatello, was sentenced to 130 months in federal prison for drug trafficking. On December 21, 2021, Hamman was arrested after hitting an Idaho State Trooper with his vehicle and leading law enforcement officers on a high-speed chase while transporting three pounds of methamphetamine.
According to court records, Hamann was driving a white pickup truck when he was pulled over by an Idaho State Police Trooper. During the traffic stop, the trooper explained that investigators would be searching his vehicle due to information they received from one of the passengers. Before the trooper finished his comment, Hamann put the vehicle in drive and sped away striking the trooper with his vehicle. Assisting officers pursued Hamann and eventually apprehended him. Officers later searched Hamann’s vehicle and found over three pounds of methamphetamine that he intended to distribute to another person. The advisory sentencing guideline applicable to Hamann was increased because he recklessly placed the trooper and the public in danger when he fled from police. United States Chief District Judge David C. Nye, who sentenced Hamann, considered the advisory sentencing guideline when imposing the sentence.
U.S. Attorney Hurwit commended the investigations by the Idaho State Police, Bannock County Sheriff’s Office, Pocatello Police Department, and the Drug Enforcement Administration (DEA), which led to the charges in the Hamann case.
In a separate case, Robert Dean Glenn, 48, of Nampa, pleaded guilty to possession with intent to distribute methamphetamine in connection with a January 10, 2023 incident in which he fled from a Nampa Police Officer during a routine traffic stop.
According to court records, Glenn jumped out of a moving vehicle during a traffic stop in an attempt to flee from law enforcement. After a foot pursuit through a grocery store parking lot, a Nampa Police Department patrol officer was able to apprehend Glenn. The officer searched Glenn and found nearly one pound of methamphetamine taped to his ankle. The bag holding the methamphetamine had a hole in it and spilled methamphetamine in a serpentine-like path through the grocery store parking lot when Glenn had run from police. Officers secured the scene and collected the methamphetamine scattered throughout the parking lot.
Glenn is scheduled to be sentenced on October 3, 2023, and faces a statutory mandatory minimum sentence of at least five years and a maximum sentence of 40 years in federal prison, a fine of up to five million dollars, and at least four years of supervised release. A federal district court judge will determine Glenn’s sentence after considering the U.S. Sentencing Guidelines and other statutory factors.
U.S. Attorney Hurwit commended the work of the Nampa Police Department, which led to the charges in the Glenn case.
###
Doctor and Office Manager Charged for $1.3M COVID-19 Loan Fraud SchemeRead the Press Release
An indictment was unsealed yesterday charging a Nevada doctor and his wife with fraudulently obtaining approximately $1.3 million in COVID-19 pandemic relief loans through the Economic Injury Disaster Loan (EIDL) program and the Paycheck Protection Program (PPP).
According to court documents, Kofi Sarfo, 58, of Las Vegas, is a medical doctor and the owner and president of Vista Medical Associates, a Las Vegas medical practice. His wife, Rose Sarfo, 54, also of Las Vegas, is the office manager and treasurer of Vista Medical Associates. Kofi and Rose Sarfo allegedly conspired to submit false loan applications to obtain EIDL and PPP pandemic relief funds. Rather than spending the money on their business as represented in the loan applications, the Sarfos allegedly used at least some of the funds to purchase stocks and cryptocurrency.
The Sarfos are charged with one count of conspiracy to commit wire fraud and four counts of wire fraud. In addition, Kofi Sarfo is charged with one count of money laundering. If convicted, they each face a maximum penalty of 20 years in prison for conspiracy to commit wire fraud and for each count of wire fraud. Kofi Sarfo also faces a maximum penalty of 10 years in prison on the money laundering charge.
Assistant Attorney General Kenneth A. Polite, Jr. of the Justice Department’s Criminal Division and Special Agent in Charge Spencer L. Evans of the FBI Las Vegas Field Office made the announcement.
The FBI Las Vegas Field Office is investigating the case.
Trial Attorney Kyle Crawford of the Criminal Division’s Fraud Section is prosecuting the case.
In May 2021, the Attorney General established the COVID-19 Fraud Enforcement Task Force to marshal the resources of the Department of Justice in partnership with agencies across government to enhance efforts to combat and prevent pandemic-related fraud. The task force bolsters efforts to investigate and prosecute the most culpable domestic and international criminal actors and assists agencies tasked with administering relief programs to prevent fraud by augmenting and incorporating existing coordination mechanisms, identifying resources and techniques to uncover fraudulent actors and their schemes, and sharing and harnessing information and insights gained from prior enforcement efforts. For more information on the department’s response to the pandemic, please visit www.justice.gov/coronavirus.
Anyone with information about allegations of attempted fraud involving COVID-19 can report it by calling the Department of Justice’s National Center for Disaster Fraud (NCDF) Hotline via the NCDF Web Complaint Form at www.justice.gov/disaster-fraud/ncdf-disaster-complaint-form.
An indictment is merely an allegation. All defendants are presumed innocent until proven guilty beyond a reasonable doubt in a court of law.
District Man Sentenced to 97 Months in Prison for Distributing Drugs and Illegally Possessing FirearmsRead the Press Release
WASHINGTON – Demarco Boyd, 29, of Washington, D.C., was sentenced today to 97 months in prison for his convictions on drug and gun charges, announced U.S. Attorney Matthew M. Graves and Acting Chief Pamela Smith of the Metropolitan Police Department (MPD).
Boyd pleaded guilty on March 24, 2023, to unlawful possession of a firearm by a prohibited person, and possession of two firearms in furtherance of drug trafficking (one of which was a machinegun). In addition to the prison term, U.S. District Court Judge Royce C. Lamberth ordered 60 months of supervised release.
According to the government’s evidence, in June of 2022, the Metropolitan Police Department (“MPD”) was investigating individuals involved in narcotics distribution around the 3600 block of Hayes Street NE, Washington DC, including hand-to-hand transactions and controlled buys in the area of the 3600 block of Hayes Street NE. After making a controlled purchase of cocaine base from Boyd, on June 16, 2022, officers executed a search warrant at an apartment occupied by Boyd, his pregnant girlfriend, and her young child. Boyd was present at the time and dropped a Glock firearm and a black backpack containing a “Draco” style firearm out of one window of the apartment onto the grass below. The Glock 19 pistol had an illegal “giggle” converter switch, which is designed to enable the firearm to expel more than one round of ammunition with a single pull of the trigger, making the firearm a machinegun. The “Draco” style firearm had a large capacity magazine loaded with 28 rounds.
From the apartment, officers also seized distributable amounts of phencyclidine (PCP), cocaine base, fentanyl, and marijuana, as well as various drug paraphernalia. DEA lab results indicate that law enforcement seized at least 583 grams of marijuana, 110 grams of cocaine base, 40 grams of PCP, and 2.77 grams of fentanyl. MPD also found and seized $5,129 of U.S. currency. The defendant admitted that he possessed the two firearms in furtherance of his drug trafficking activities, and that he knew he was a convicted felon at the time he possessed them.
In announcing the sentence, U.S. Attorney Graves and Acting Chief Smith commended the work of the detectives and patrol officers of the Metropolitan Police Department. They also expressed appreciation to those who worked on the case from the U.S. Attorney’s Office, including Assistant U.S. Attorney David T. Henek and Special Assistant U.S. Attorney Sarah J. Rasalam, of the Violence Reduction and Trafficking Offenses Section, who investigated and prosecuted the case.
Detroit Man Sentenced to 25 Years in Federal Prison for Drug Trafficking and Firearms ViolationsRead the Press Release
DETROIT – Jeffrey Davis, 50, of Detroit, MI, was sentenced in federal court yesterday on charges of drug trafficking and possession of a firearm in furtherance of a drug trafficking crime, United States Attorney Dawn N. Ison announced. Davis was sentenced by United States District Judge Bernard Friedman to 25 years in prison. Davis has been in custody since his arrest in July 2019.
Ison was joined in the announcement by James Deir, Special Agent in Charge of the ATF’s Detroit Division.
According to court records, Jeffery Davis was a member of the TuffTeam drug trafficking organization. Davis and three others were responsible for trafficking firearms, fentanyl, heroin, crack cocaine, and marijuana from Detroit, MI to Bridgeport, West Virginia and Morgantown, West Virginia. During the course of the investigation, 23 firearms were seized, including 2 machine guns, along with 69 grams of heroin, 91.99 grams of fentanyl, 215 grams of crack cocaine, and more than $10,000 in cash.
“Removing individuals who inflict significant harm on our community by dealing in deadly drugs and high-powered firearms is a top priority, stated U.S. Attorney Dawn Ison. “This significant sentence should send a clear message to those similarly engaged in such conduct that we will be relentless in our effort to protect our community,” stated US Attorney Ison.
“Jeffrey Davis sold poison in our community while armed with a firearm. This sentence should serve as a clear message to all armed drug dealers in Detroit: If you pack an illegal firearm while peddling your poison, you need to pack your bags for prison,” said James Deir, Special Agent in Charge of the ATF’s Detroit Division.
The case was investigated by ATF Special Agents Sherri Reynolds and Eric Miller. The case was prosecuted by Assistant United States Attorneys John O’Brien and Jeanine Brunson.
Danville Man Who Sold Fatal Dose of Fentanyl Sentenced to 12 YearsRead the Press Release
ROANOKE, Va. – A Danville man, who sold a fatal dose of fentanyl in October 2019, has been sentenced to 12 years in federal prison.
Chauncey Lamont Montague, 49, pleaded guilty in March 2023 to distribution of fentanyl.
According to court documents, on October 23, 2019, A.R., a regular user of opiates, wanted to purchase $20 of heroin from Montague. After being unable to reach Montague by phone, A.R. began walking towards Montague’s home. During the walk, A.R. met up with a close family member who agreed to take her money the rest of the way to Montague’s home and purchase the drugs for her.
After making the drug transaction with Montague, the family member delivered the heroin to A.R. who then used the drugs and was found dead a short time later. It was determined that she died from a fentanyl overdose.
The following morning, Danville Police executed a search warrant on Montague’s residence and an additional 8.2 grams of fentanyl was discovered in the pocket of a jacket in his bedroom.
United States Attorney Christopher R. Kavanaugh, Special Agent in Charge Craig B. Kailimai of the Washington Division of the Bureau of Alcohol, Tobacco, Firearms and Explosives, and Special Agent in Charge of the Drug Enforcement Administration Jared Forget made the announcement.
The Bureau of Alcohol, Tobacco Firearms and Explosives, the Drug Enforcement Administration, and the Danville Police Department investigated the case.
Assistant U.S. Attorney Andrew Bassford prosecuted the case.
Crow Agency woman accused in large-scale, drug investigation admits to trafficking methRead the Press Release
BILLINGS — A Crow Agency woman charged in a large-scale, multi-state drug investigation centered on the Crow Indian Reservation admitted today to trafficking methamphetamine, U.S. Attorney Jesse Laslovich said.
Carly Joy James, 41, pleaded guilty to possession with intent to distribute meth. James faces a mandatory minimum 10 years to life imprisonment, a $10 million fine and at least five years of supervised release.
U.S. District Judge Susan P. Watters presided. The court will determine any sentence after considering the U.S. Sentencing Guidelines and other statutory factors. Sentencing was set for Nov. 16. James was detained pending further proceedings.
The government alleged in court documents that federal law enforcement, in a collaborative effort with local and tribal law enforcement, investigated a large-scale, multi-state narcotics trafficking operation centered on multiple properties on the Crow Indian Reservation. The properties, including one known as Spear Siding, were a source of supply of meth for both the Crow and Northern Cheyenne Indian Reservations. James is one of the individuals affiliated with the investigation. The government further alleged that James sold meth to individuals in August 2022 and in October 2022. In January, James was pulled over for a traffic violation, and a search of her vehicle revealed a firearm and approximately eight grams of meth.
Assistant U.S. Attorneys are prosecuting the case. The Bureau of Indian Affairs, Drug Enforcement Administration and FBI conducted the investigation.
This case is part of Project Safe Neighborhoods (PSN), a program bringing together all levels of law enforcement and the communities they serve to reduce violent crime and gun violence, and to make our neighborhoods safer for everyone. On May 26, 2021, the Department launched a violent crime reduction strategy strengthening PSN based on these core principles: fostering trust and legitimacy in our communities, supporting community-based organizations that help prevent violence from occurring in the first place, setting focused and strategic enforcement priorities, and measuring the results.
XXX
Convicted Sex Offender Sentenced to 12 Years in Prison for Child Pornography CrimeRead the Press Release
CHARLESTON, W.Va. – Dana Michael Russell, also known as “Anthony Roberts,” 37, of Griffithsville, West Virginia, was sentenced today to 12 years in prison, to be followed by 25 years of supervised release, for possession of prepubescent child pornography.
According to court documents and statements made in court, on January 20, 2021, Russell possessed two images of child pornography on his cell phone depicting prepubescent minor females subjected to sexually explicit conduct. Russell admitted that one of the images depicted a known child victim.
Russell further admitted to using his cell phone on June 25, 2020, to distribute and attempt to distribute an image containing child pornography using the Snapchat social media platform. Russell also admitted to distributing images containing child pornography using multiple Snapchat and Facebook accounts in June, August and December 2020. One of the Facebook accounts that Russell used listed “Anthony Roberts” as the account username.
Russell is a registered sex offender as a result of his conviction for distribution and exhibiting of material depicting minors engaged in sexually explicit conduct in Kanawha County Circuit Court on February 19, 2015.
United States Attorney Will Thompson made the announcement and commended the investigative work of the U.S. Department of Homeland Security-Homeland Security Investigations (HSI) and the West Virginia State Police Internet Crimes Against Children (ICAC) Task Force.
United States District Judge Irene C. Berger imposed the sentence. Assistant United States Attorney Julie M. White prosecuted the case.
This case was prosecuted as part of Project Safe Childhood, a nationwide initiative of the Department of Justice to combat the growing epidemic of child sexual exploitation and abuse. Led by the United States Attorney’s Offices and the Criminal Division’s Child Exploitation and Obscenity Section, Project Safe Childhood marshals federal, state, and local resources to locate, apprehend, and prosecute those who sexually exploit children, and to identify and rescue victims. For more information about Project Safe Childhood, please visit www.justice.gov/psc.
A copy of this press release is located on the website of the U.S. Attorney’s Office for the Southern District of West Virginia. Related court documents and information can be found on PACER by searching for Case No. 2:22-cr-25.
###